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CR.MA/508/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 508 of 2011
In
CRIMINAL
APPEAL No. 1365 of 2007
=========================================
RAJU
RASIKBHAI
Versus
STATE
OF GUJARAT & ANR
=========================================
Appearance :
THROUGH
JAIL for
Applicant
MR RC KODEKAR APP for Respondent No. 1
None for
Respondent(s) : 2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 19/01/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1 RULE.
2 Mr.
R.C. Kodekar, learned APP, appears and waives service of notice of
Rule on behalf of the respondent – State of Gujarat.
3 Having
regard to the facts of the case, the application is taken up for
hearing today.
4
The applicant-convict prisoner, who vide judgment and order dated
18.7.2007, rendered in Sessions Case No.28 of 2007, by the learned
Additional Sessions Judge, Himatnagar, has been convicted for the
offences punishable under Sections 302 etc, of the Indian Penal Code
and sentenced to imprisonment for life, has filed this Application,
through jail authority, praying to enlarge him on temporary bail, for
a period of 21 days, to enable him to attend obsequious ceremony of
his mother who has died on 21.10.2010
5 Having
considered the submission advanced by Mr. R.C. Kodekar, learned APP
for the respondent-State of Gujarat and a perusal of the
averments made in the application so also the jail remarks sheet
forwarded by the jail authority along with the application, we have
noticed that the applicant has enjoyed temporary bail for a period of
14 days w.e.f. 23.12.2010 to 5.1.2011 and his mother has also died
on 6.10.2010, we are not inclined to release the applicant on
temporary bail, on the grounds stated by him in the application.
6
Seen in the above context, instant application lacks merit and
deserves to be rejected.
7 For
the foregoing reasons, the Application fails and according it is
rejected. Rule is discharged.
(A.M.KAPADIA,
J.)
(BANKIM.N.MEHTA,
J.)
pnnair
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