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CR.MA/6782/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6782 of 2011
In
CRIMINAL
APPEAL No. 311 of 2007
=====================================
BABA
ABDULBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=====================================
Appearance
:
THROUGH JAIL for Applicant(s) :
1,
MR KARTIK PANDYA, 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
: 13/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE P. P. BHATT)
1.0 Present
application is filed by the applicant – convict through jail
seeking 60 days’ Temporary Bail for the purpose of carrying out
agricultural operations. In support of the application, Village Form
No. 7/12 is produced. The applicant – convict has stated in
the application that his father and mother are not alive; his wife,
two sons and two daughters are there in the family. It is stated in
the application that the elder son is aged 35 years, who is blind by
birth. The younger son is aged 25 years, who is dumb by birth. One
daughter is married and residing with her in laws, whereas, another
daughter, who is aged 20 years, is also dumb by birth.
2.0 Rule.
Learned Additional Public Prosecutor Mr. Pandya waives service of
process of Rule.
3.0 Learned
Additional Public Prosecutor made available for perusal the Jail
Remarks. The applicant – convict has undergone imprisonment of
04 years, 07 months and 19 days as on 9th May 2011. He
has enjoyed two Furloughs, one in the year 2008 and another in the
year 2010. Every time, he reported in jail in time. Nothing adverse
is noticed against the convict in the Jail Remarks
4.0 Looking
to the facts and circumstances of the case, this is a fit case,
wherein presence of the applicant – convict is required for
some time with the family so as to support the family. Taking into
consideration the contents of the application, the application is
allowed. The applicant – convict is ordered to be released on
Temporary Bail for a period of 60 days from the date of
his release, on his executing a personal bond of Rs.5,000/-
(Rupees Five Thousand only) to the satisfaction of the jail
authorities.
4.1 The
applicant – convict shall surrender to the jail authorities on
expiry of the Temporary Bail period.
4.2 Rule
is made absolute to the aforesaid extent.
[
Ravi R. Tripathi, J. ]
[
P. P. Bhatt, J. ]
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