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CR.MA/9106/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9106 of 2011
In
CRIMINAL APPEAL No. 1031 of 2009
=========================================================
ABDUL
KADAR @ ILIYAS MAJID - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MS CM SHAH, 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
: 11/07/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Learned APP waives service.
The
applicant – convict who vide judgment and order dated
16.05.2009 rendered by learned Addl.Sessions Judge, Junagadh in
Sessions Case No.34 of 2008 has been convicted for the offences
punishable under Sections 302 etc. of the IPC and sentenced to
undergo imprisonment for life and fine has forwarded this
application through jail authority seeking temporary bail for the
period of 60 days on the ground of medical treatment of his mother.
The
jail remarks sheet forwarded by the jail authority reveals that the
applicant – convict prisoner
has undergone 3 years and 5 months in jail. It further transpires
that the applicant has once enjoyed furlough leave and he
surrendered in time before the jail authority.
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 15 days 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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