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CR.MA/3887/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3887 of 2011
In
CRIMINAL
APPEAL No. 479 of 2006
=========================================================
ARJAN
MAVJIBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR JK SHAH, APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 30/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Learned
APP Mr.Shah made available a statement of the convict recorded on
26.3.2011.
The
present application is filed through jail seeking temporary bail for
a period of 30 days so as to see that necessary medical treatment is
available to his father who is stated to be aged 80 years old. It is
further stated in the statement that the convict has mother aged 78
years old and only 2 children, son being aged 11 years old and the
daughter being 7 years old.
Rule.
Learned APP Mr.Shah waives service of notice of rule on behalf of the
respondent State.
Learned
APP Mr.Shah invited attention of the Court to the jail remarks.
Earlier, the convict was released on temporary bail for a period of
20 days for treatment of his father in the year 2008. Thereafter, he
was absconded for 258 days and he was lodged in jail only on
14.10.2008 after being arrested by the police. Since then, he has
not enjoyed any leave.
For
the contents of the application, the same is allowed. The
convict is ordered to be released on temporary bail for a period of
30 days
from the date of his actual release, on his executing a personal
bond of Rs.5,000/-
(Rupees Five Thousand only) to the satisfaction of the jail
authorities. Taking into consideration the history of his having
absconded from earlier temporary bail, it is deemed fit that he be
directed to mark his presence on every Monday at the nearest Police
Station. Order accordingly. The applicant shall surrender himself to
the jail authorities on expiry of the temporary bail period.
Rule
is made absolute to the aforesaid extent.
(RAVI
R.TRIPATHI,J)
(P.P.BHATT,J)
pathan
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