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CR.MA/6085/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6085 of 2011
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MANGDUBHAI
BHIMBHAI KHACHAR
Versus
STATE
OF GUJARAT
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Appearance :
MR
Y JPATEL for Applicant(s) : 1,
MR RC KODEKAR ADDL PUBLIC
PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 12/05/2011
ORAL
ORDER
Rule.
Mr Kodekar, learned APP waives service of notice of Rule on behalf
of the State.
This
is an application seeking temporary bail in connection with offence
registered with Ranpur Police Station, District Ahmedabad, vide
C.R.No.I 22 of 2010 for the offences punishable under Sections 143,
147, 148, 149, 302 and 504 of the IPC.
I
have heard learned advocate Mr Y.J. Patel for the applicant and Mr RC
Kodekar, learned Additional Public Prosecutor for the respondent –
State.
It
is brought to my notice that the father of the accused-applicant,
namely, Bhimbhai Kachhar passed away on 11th April 2011.
It is also submitted that at the relevant point of time he applied
for temporary bail and was granted temporary bail by the trial Court
for a period of two days with police escort. However, at the
relevant point of time, the accused-applicant did not deem fit to
avail of the advantage of the said order.
In
the facts and circumstances of the case, considering the fact that
the father of the applicant has expired on 11th April 2011
and also considering the fact that he is an accused of offence of
murder and he is in jail nearly for the past six months, it would be
fit and proper to order his release on temporary bail for a period of
three days from the date of his release with police escort at the
cost of the accused-applicant.
In
the aforesaid facts and circumstance, the applicant is ordered to be
released on temporary bail for a period of three days from the date
of his release with police escort at the cost of the
accused-applicant on his executing a personal bond of Rs.15,000/-.
He shall surrender before the jail authorities on expiry of the
period of temporary bail.
Rule
is made absolute. D.S. Permitted.
(J.B.Pardiwala,
J.)
*mohd
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