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CR.MA/14229/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14229 of 2011
In
CRIMINAL APPEAL No. 1415 of 2010
=========================================================
CHAMANBHAI
@ BATUKBHAI VALJIBHAI NANDESARIYA - THRO' VANITAB - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MAHESH K POOJARA for Applicant(s) : 1,
MR AJ DESAI,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
: 11/10/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Learned APP waives service.
Heard
learned advocate, Mr.Poojara, for the applicant and learned APP,
Mr.Desai, for the respondent – State.
The
applicant – convict who vide judgment and order dated
13.5.2010 rendered by learned Addl.Sessions Judge, Fast Track Court
No.1, Surendranagar in Sessions Case No.87 of 2009 has been
convicted for the offences punishable under Sections 376 etc. of the
IPC and sentenced to undergo imprisonment for 10 years with fine has
filed this application through his wife seeking temporary bail for
the period of 45 days on the ground of house repairing.
The
jail remarks sheet forwarded by the jail authority reveals that the
applicant – convict prisoner
has undergone 1 year and 7 months in jail. It further transpires
that the applicant has enjoyed temporary bail once, but never
enjoyed furlough, and he surrendered in time before the jail
authority. Along with this application, copy of photographs of his
house as well as various other documents viz.BPL card and
certificate issued by Talati-cum-Mantri, Mulchand Gram Panchayat 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 15 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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