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CR.MA/11377/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11377 of 2007
In
CRIMINAL
APPEAL No. 316 of 2007
=========================================================
ANVARMIYAN
NIZAMMIYAN - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for Applicant(s)
: 1,
PUBLIC PROSECUTOR for Respondent(s) : 1,
None for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 05/10/2007
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE M.R. SHAH)
Rule.
Mrs. Falguni Patel, learned APP waives service of rule on behalf of
the respondent ? State.
Present
application has been filed through Jail by the applicant ? convict
? Anwarmiya Nizammiya Malek for releasing him on temporary bail
for the reasons stated in the application, more particularly, for
helping his family members financially and for renovation of his
house.
Considering
the fact that the regular bail application submitted by the
applicant ? convict has been dismissed as withdrawn on 9.4.2007
and for the grounds mentioned in the application, the applicant
cannot be released on temporary bail, more particularly, when the
applicant is convicted for the offence under sections 363, 366 and
376 of the Indian Penal Code only on 31.1.2007. Hence, the
application deserves to be dismissed and is accordingly dismissed.
Rule
discharged.
[
J.R.Vora, J. ]
[
M.R.Shah, J.]
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