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CR.MA/15820/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15820 of 2011
In
CRIMINAL APPEAL No. 2253 of 2008
=========================================================
MANSUKH
POPAT KAVA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KP RAVAL, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 17/11/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Learned APP waives service.
The
applicant – convict who vide judgment and order dated
27.2.2008 rendered by learned Addl.Sessions Judge, Fast Track Court
No.11, Rajkot in Sessions Case No.108 of 2006 has been convicted
for the offences punishable under Sections 302 etc. of the IPC and
sentenced to undergo imprisonment for life with fine has forwarded
this application through jail authority seeking temporary bail for
the period of 21 days on the ground of attending the marriage
ceremony of his nephew.
The
jail remarks sheet forwarded by the jail authority reveals that the
applicant – convict prisoner has undergone 5 years and 2
months in jail. It further transpires that the applicant has
enjoyed temporary bail one time and enjoyed furlough twice, and he
surrendered in time before the jail authority. Along with this
application, copy of invitation card is annexed.
Considering
the facts and circumstances of the case, it is expedient to partly
allow the application.
The
application succeeds in part and is accordingly partly allowed. The
applicant – convict is ordered to be released on temporary
bail for a period of one week from the date of his actual release,
upon his furnishing personal bond in the sum of Rs.5000/- (Rupees
Five Thousand Only) before the jail authority on usual terms and
conditions. After the period is over, the applicant shall surrender
to the jail authority. The applicant shall not take disadvantage of
his liberty and shall maintain law and order.
Rule
made absolute accordingly.
(D.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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