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CR.MA/10804/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10804 of 2008
In
CRIMINAL
APPEAL No. 1803 of 2005
=========================================================
MOHMAD
ASRAF ISMAIL NAGORI THRO'ISMAIL IBRAHIMBHAI NAGORI - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance
:
PARTY-IN-PERSON
for the Applicant.
MR AJ DESAI, APP for the
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 28/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE R.P.DHOLAKIA)
1. Rule.
Learned Additional Public Prosecutor Mr.Desai, waives service of Rule
on behalf of the respondent.
2. Heard
party-in-person i.e. father of the convict prisoner as applicant and
learned Additional Public Prosecutor for the respondent.
3. This
application has been filed by the father of the convict prisoner,
wherein he has prayed for temporary bail on the ground of treatment
of his son i.e. convict prisoner. Therefore, we have issued Notice.
We have called report of physical condition of the convict prisoner.
Jail record shows that the convict has enjoyed furlough leave from
8th March,2008 to 21st March,2008 for 14 days
and surrender in time. It also reflects that he has already undergone
3 years and 5 months. Keeping in mind, Health Certificate issued by
Doctor of the jail and assurance given by father of the convict
prisoner that the convict will stay with him, who is present in the
Court, in our opinion, this application deserves to be allowed.
4. In
view of the aforesaid facts and circumstances, the application is
allowed and the convict prisoner is ordered to be released on
temporary bail for a period of one month from the date of his
release, on executing a personal bond in the sum of Rs.5,000/-
(Rupees Five Thousand only) before the jail authority.
5. The
convict prisoner shall surrender before the jail authority
immediately after the aforesaid period is over.
6. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(R.P.Dholakia,J)
(D.N.Patel,J)
*dipti
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