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CR.MA/6028/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6028 of 2011
In
CRIMINAL
APPEAL No. 1238 of 2009
=========================================================
ALI
MOHMAD MUSA SAMA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
Mr.KARTIK PANDYA, ADDL PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 12/05/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE
P.P.BHATT)
The
present application is filed, through Jail, by the convict seeking
temporary bail fr a period of 2 ½ months for the purpose of
engagement of his daughter. The applicant- convict has stated in his
application that he has six daughters in the family, of whom three
are of marriageable age. His presence, therefore, is required to
enable the convict to undertake the process of engagement of his
daughters.
2. RULE.
Mr.Kartik Pandya, learned Additional Public Prosecutor waives
service of rule on behalf of the respondent-State.
3. The learned
APP has invited attention of the Court to the Jail remarks. Nothing
adverse is noticed from the convict’s Jail remarks. The convict has
undergone 4 years, 2 months and 5 days in Jail as on 26th
April 2011. The convict had enjoyed furlough on two occasions;
initially in August 2010 and thereafter in February/ March 2011. He
has reported in time on both the occasions.
4. For the
contents of the application, the same is allowed. The convict is
ordered to be released on temporary bail for a period of one
month
from the date of his release on his executing a
personal bond of Rs.5000/- (Rupees five thousand only) to the
satisfaction of the Jail authorities.
5. The convict
shall surrender himself to the Jail authorities on expiry of the
above temporary bail period. The application is allowed. Rule is
made absolute. Direct service is permitted.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
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