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CR.MA/13316/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13316 of 2011
In
CRIMINAL
APPEAL No. 1750 of 2010
=========================================================
SUBHASH
MANJIBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 29/09/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
1. Rule. Learned APP waives
service.
2. The applicant –
convict who vide judgment and order dated 19/5/2010 rendered by the
Ld. Addl. Sessions Judge, F.T.C., Morbi, in Sessions Case No. 01 of
2009 has been convicted for the offences punishable under sections
306, etc., of the IPC and sentenced to undergo imprisonment for 10
years and fine, has forwarded present application through jail
seeking temporary bail for period of 30 days for harvesting of crop
and other agricultural work.
3. The jail remark sheet
forwarded with the application by the jail authority reveals that the
applicant convict has undergone 2 years and 9 months in jail. It
further transpires that the applicant convict has only enjoyed
furlough leave once for 14 days and surrendered in time before the
jail authority.
5. Considering the facts
and circumstances of the case, the application is allowed in part.
The applicant convict is ordered to be released on temporary bail
for the period of 15 [fifteen] days from the date of his actual
release, upon furnishing personal bond in the sum of Rs.5,000/-
[Rupees five thousand only] before the jail authority on usual terms
and conditions. After expiry of the temporary bail period, the
applicant – convict shall surrender before the concerned jail
authority immediately.
6. Rule is made absolute
accordingly.
(D.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
*
Pansala.
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