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CR.MA/5852/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5852 of 2011
In
CRIMINAL
APPEAL No. 2158 of 2009
=====================================
AMTHABHAI
MAGANBHAI,THRO' MENABEN AMTHABHAI BHUTKA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=====================================
Appearance
:
PARTY-IN-PERSON for
Applicant(s) : 1,MR TUSHAR CHAUDHARY for Applicant(s) : 1,
MR
KARTIK PANDYA, APP for Respondent(s) : 1,
None for Respondent(s) :
2,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P. P. BHATT
Date
: 26/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1.0 The
matter was mentioned in the morning by Party in Person –
Menaben Amthabhai Bhutka for taking up the application for interim
bail urgently. The request was granted.
2.0 The
papers are received from the Registry. Heard Party in Person –
Menaben Amthabhai Bhutka, who is wife of the convict –
Amthabhai Maganbhai Bhutka. The Party in Person submitted that, as
she is advised operation by Dr. DA Bhalakiya, she requires presence
of her husband as there is nobody else in the family to take care of
the children while she is in hospital, undergoing surgery.
3.0 Rule.
Learned Additional Public Prosecutor Mr. Pandya waives service of
process of Rule.
4.0 Learned
Additional Public Prosecutor made available for perusal the Jail
Remarks with all promptness and the Court puts its appreciation on
record for the same.
4.1 On
perusal of the Jail Remarks it is noticed that the convict is
undergoing 10 years’ imprisonment for offences punishable under
Sections 304(I), 149, 449, 147 and 148 of the Indian Penal Code. By
now, he has undergone imprisonment of 03 years and 08 months.
5.0 Taking
into consideration the contents of the application, the application
is allowed. The convict is ordered to be released on Temporary
Bail for a period of 45 days from the date of his release,
on his executing a personal bond of Rs.5,000/- (Rupees Five
Thousand only) to the satisfaction of the jail authorities.
5.1 The
convict shall surrender to the jail authorities on expiry of the
Temporary Bail period.
5.2 Rule
is made absolute to the aforesaid extent.
5.3 The
Registry is directed to communicate this order to the jail
authorities immediately by fax.
[
Ravi R. Tripathi, J. ]
[
P. P. Bhatt, J. ]
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