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CR.MA/8056/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8056 of 2011
In
CRIMINAL
APPEAL No. 1020 of 2009
=====================================
BHIMABHAI
KANABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=====================================
Appearance
:
THROUGH JAIL for Applicant(s) :
1,
MR KARTIK PANDYA
for Respondent(s) : 1,
None for Respondent(s) :
2,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P. P. BHATT
Date
: 17/06/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1.0 Present
application is filed by the applicant – convict through jail
seeking Temporary Bail for a period of 45 days so as to undertake the
agricultural operations.
2.0 Rule.
Learned Additional Public Prosecutor Mr. Pandya waives service of
process of Rule.
3.0 Learned
Additional Public Prosecutor invited the attention of the Court to
the Jail Remarks. The learned Additional Public Prosecutor submitted
that there is a typographical error in mentioning the name of the
convict. Instead of ‘Memon’ it should be read as ‘Odedara’. The
convict has enjoyed three Furloughs. Every time, he reported in jail
in time. Though, he is in jail for 07 years, 06 months and 06 days
as on 11th June 2011, he has not enjoyed any Temporary
Bail.
4.0 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 30 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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