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CR.MA/13521/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13521 of 2008
In
CRIMINAL
APPEAL No. 859 of 2001
=========================================
MEHMOODMIYA
@ MULLANUKULLA SHAIKH, THRO' RUKSHANABANU M
Versus
STATE
OF GUJARAT & ORS
=========================================
Appearance
:
PARTY-IN-PERSON
for Applicant
MR LB DABHI APP for
Respondents
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
Date
: 17/10/2008
ORAL
ORDER
:(Per : HONOURABLE MR.JUSTICE J.R.VORA)
Rule.
Waived by learned A.P.P. Mr. L.B. Dabhi.
This
application is filed by party-in-person and wife of convict prisoner
Mehmoodmiya @ Mullanukulla Shaikh, who is undergoing life
imprisonment at Central Jail, Sabarmati, Ahmedabad, for the
offences punishable under Sections 302 and 120-B of the Indian Penal
Code. The grounds which are urged are as under :
It
is stated by the applicant that she is pregnant and matured for
delivery of child.
The
Doctor has advised her to go for cesarean, which is fixed on 20th
of October, 2008.
According
to her, she has one 12 years child and that child is deaf and
dumb.
Her
mother-in-law is of 80 years and very old and, therefore, nobody
is there to take care of her during this delivery.
Therefore,
it is urged that the prisoner be released on bail of 30 days for
assisting her in delivery as well as to make financial arrangement.
It
appears that the convict prisoner has been released on 15 times on
temporary bail and three times on furlough. Though the prisoner has
surrendered in time before the Jail Authorities but tendency to be
released on temporary bail frequently is apparent. However, for the
cause urged for the temporary bail, in the interest of justice, the
convict prisoner can be released on temporary bail for five days and
not for 30 days, as prayed for. The presence of the accused would be
required only during those days in which cesarean operation of the
wife is to be performed, as per her say, on 20th of
October, 2008. The convict prisoner cannot be released on temporary
bail for more period only on the ground that he has to make some
financial arrangement.
In
view of above, this Application is partly allowed and convict
prisoner Mehmoodmiya @ Mullanukulla Shaikh is directed to be
released on temporary bail from 20th of October 2008 to
24th of October, 2008 on his furnishing personal bond of
Rs. 10,000/- before the Jail Authorities on usual terms and
conditions. The convict prisoner shall surrender before the Jail
Authorities on 25th of October, 2008. Rule made
absolute to the aforesaid extent only. Office is directed to
transmit writ of this order immediately to jail through fax today
itself. DS is also permitted.
(J.
R. VORA, J.)
(SHARAD
D. DAVE, J.)
pnnair
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