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CR.MA/10970/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10970 of 2010
In
CRIMINAL
APPEAL No. 2118 of 2005
=========================================
VINODBHAI
PUNABHAI MACHHAR
Versus
STATE
OF GUJARAT & ANR
=========================================
Appearance :
THROUGH
JAIL for
Applicant
MR L.R. PUJARI, APP for Respondent No.
1
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 21/09/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
1 RULE.
Mr. L.R. Pujari, learned APP appears and waivers service of notice
of rule on behalf of the respondent – State of Gujarat.
2 Having
regard to the facts of the case, the application is taken up for
hearing today.
3 The
applicant – convict prisoner, who, vide judgment and order
dated 06.08.2005, rendered in Sessions Case No.68 of 2004, by the
learned Additional Sessions Judge, Fast Track Court No.12, District –
Rajkot at Morbi, has been convicted for the offence punishable
under Section 302, etc of the Indian Penal Code and sentenced to
undergo imprisonment for life, has filed this application through
Jail Authority, praying to enlarge him on temporary bail for a
period of 30 days on the ground of house repairing.
4 Having
considered the submissions advanced by Mr. L.R. Pujari, learned APP
representing the respondent – State of Gujarat and considering
the jail remarks sheet forwarded by the Jail Authority along with
this application, it appears that the applicant – convict has
undergone sentence of 5 years, 11 months and 19 days and during this
period he was released on temporary bail on three occasions and it
is further clear that in the last occasion the applicant –
convict was released on temporary bail for a period of 14 days in the
month of January-February, 2010 on the ground of house repairing.
5 Seen
in the above context, since the applicant – convict was released
on temporary bail on the same ground in the recent past and earlier
application on the same ground came to be rejected, we do not find
any justifiable ground to allow this application and to release the
applicant on temporary bail for a period of 30 days on the ground
of house repairing.
7 For
the foregoing reasons, the Application fails and accordingly it is
rejected. Rule discharged.
(A.M.KAPADIA,
J.)
(J.C.UPADHYAYA,
J.)
pnnair
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