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SCR.A/2467/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2467 of 2010
=========================================================
ARJUNSING
@ SUNNY NAVALSING BAVRI - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance :
THROUGH
JAIL for
Applicant(s) : 1,
MS. CALLA ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 16/12/2010
ORAL
ORDER
1. Rule.
Ms. Calla, learned APP waives service of notice of Rule on behalf of
the respondent State. In the facts and circumstances of the case, the
application is taken up for final hearing today.
2. Present
application has been preferred by the petitioner-original accused
Arjunsing @ Sunny Navalsing Bavri through
jail to release him on parole leave so as to enable him to prefer an
appeal before this Court challenging the order passed by the learned
trial Court convicting him for the offences punishable under Sections
302, 307, 333, 188 and 135 of the IPC.
3. Having
heard Ms. Krina Calla, learned APP and considering the fact that the
applicant seems to be in jail since last more than four days and so
as to enable the petitioner to prefer an appeal before this Court
against the order of conviction, present application is allowed and
applicant is ordered to be released on Parole for a period of 15 days
from the date of his released on furnishing Personal Bond of
Rs.5000/- on the following conditions, that he shall;
(a). not
take undue advantage of his liberty or abuse his liberty;
(b). not
act in a manner injurious to the interest of the prosecution;
(c). maintain
law and order;
(d). mark
his presence before Surat Western Railway Police Station on 4th
and 12th
day of his release between 11.00 a.m and 2.00 p.m.
(e). not
leave the State of Gujarat without the prior permission of this
Court;
(f). furnish
the address of his residence at the time of execution of the bond and
shall not change the residence without prior permission of this
Court;
(g)
surrender his passport, if any, to the lower court within a week.
(h). surrender
before the jail authority on completion of 15 days from the date of
his release;
4.Registry
is directed to send the writ of this order to the jail authority
immediately. Rule is made absolute to the aforesaid extent.
(M.R.SHAH,
J.)
kaushik
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