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CR.MA/15336/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15336 of 2011
In
CRIMINAL APPEAL No. 1020 of 2009
=========================================================
BHIMA
KANA MER - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KP RAVAL, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 09/11/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Learned APP waives service.
The
applicant – convict who vide judgment and order dated
18.5.2009 rendered by learned Addl.Sessions Judge, Junagadh in
Sessions Case No.4 of 2004 with Sessions Case No.57 of 2004 has
been convicted for the offences punishable under Sections 302 etc.
of the IPC and sentenced to undergo imprisonment for life with fine
has forwarded this application through jail authority seeking
temporary bail for the period of 45 days on the ground of performing
after-death ceremony of his father, who died on 27.9.2011.
The
jail remarks sheet forwarded by the jail authority reveals that the
applicant – convict prisoner has undergone 7 years and 11
months in jail. It further
transpires that the applicant has enjoyed temporary bail twice and
enjoyed furlough thrice, and he surrendered in time before the jail
authority. Along with this application, copy of death certificate 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 20 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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