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CR.MA/4723/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4723 of 2010
In
CRIMINAL
APPEAL No. 399 of 2007
=========================================================
BHARATBHAI
HIRALAL JADAV - THRO' SONALBEN BHARATBHAI JADAV - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
PARTY-IN-PERSON
for Applicant(s) : 1,
MR HH PARIKH, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 10/05/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Rule.
Mr. Parikh, learned APP waives service of notice of Rule for the
respondent State.
The
conviction prisoner through his wife seeks temporary bail on the
ground of marriage of his brother-in-law. The applicant was earlier
released on bail on this very ground, but the marriage was required
to be postponed on account of death in the family and therefore, the
present application is preferred. On inquiry, it is found that the
cause is genuine. The applicant ought to have surrendered to custody
on postponement of marriage which he has not done.
Therefore,
we allow this application in part. The applicant shall be released
on temporary bail for a period of three days i.e. from 14th
May, 2010 to 16th May, 2010 on his executing a personal
bond of Rs.2000/- (Rupees two thousand only) before the jail
authorities, on condition that he shall confine himself to the State.
The applicant shall surrender to the jail authorities on 17th
May, 2010 by 5:00 p.m. Rule is made absolute accordingly.
Direct
service is permitted.
(A.L.
DAVE, J)
(BANKIM.N.MEHTA,
J)
shekhar/-
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