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CR.MA/13166/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13166 of 2011
In
CRIMINAL APPEAL No. 1449 of 2010
=========================================================
BHARAT
@ MAS VALLABH SHAMBHAI BHUVA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KARTIK PANDYA, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
RULE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 10/10/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Learned APP waives service.
The
applicant – convict who vide judgment and order dated
15.3.2010 rendered by learned Addl.Sessions Judge, Fast Track Court,
Veraval camp at Una in Sessions Case No.14 of 2008 has been
convicted for the offences punishable under Sections 365 etc. of the
IPC and sentenced to undergo imprisonment for 10 years with fine has
forwarded this application through jail authority seeking temporary
bail for the period of 90 days on the ground of medical treatment of
his own.
The
jail remarks sheet forwarded by the jail authority reveals that the
applicant – convict prisoner has undergone 3 years and 1
months in jail. It further transpires that the applicant has never
enjoyed temporary bail, furlough or parole.
Along with this application, certificate of Medical Officer, Central
Jail Dispensary, Ahmedabad dated 29.9.2011 is also annexed.
Considering
the facts and circumstances of the case, it is expedient to partly
allow the application.
The
application succeeds in part and is accordingly partly allowed. The
applicant – convict is ordered to be released on temporary
bail for a period of 30 days from the date of his actual release,
upon his furnishing personal bond in the sum of Rs.5000/- (Rupees
Five Thousand Only) before the jail authority on usual terms and
conditions. After the period is over, the applicant shall surrender
to the jail authority. The applicant shall not take disadvantage of
his liberty and shall maintain law and order.
Rule
made absolute accordingly.
(D.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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