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CR.MA/10343/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10343 of 2008
=========================================================
CHETANBHAI
CHANDRAKANT GONDALIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SHAKEEL A QURESHI for
Applicant(s) : 1,
MR MAULIK NANAVATI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 08/09/2008
ORAL
ORDER
Mr.Shakeel
Qureshi, learned advocate appearing on behalf of the petitioner
seeks permission to withdraw this petition filed under sec.439 of
the Code of Criminal Procedure for regular bail at this stage and
has requested to convert present petition for temporary bail on the
ground that the wife of the petitioner is pregnant and she is likely
to be hospitalised as due date of delivery is within 2 to 3 days and
there is nobody in the family, as the marriage of the applicant and
his wife is love marriage against the wish of the family members.
Mr.Nanavati,
learned APP under the instructions from the investigating officer,
has submitted that it is true that there is nobody to look after the
wife of the applicant who is pregnant.
Considering
the above, prayer of the applicant to release him on temporary
bail can be considered positively.
In
the facts and circumstances of the case stated above, the petitioner
is ordered to be released on temporary bail in connection with the
offence registered with the GEB Police Station vide CR No.I-342 of
2007 on his executing personal bond of Rs.5000=00, for a period of
six weeks from the date of his release on condition that the
petitioner shall not misuse his liberty and shall mark his presence
before the concerned police station at the interval of every 15 days
at any time between 9.00 am and 2.00 pm. The petitioner to
surrender before the jail authority on completion of his temporary
bail period of six weeks from the date of his release.
As
agreed by Mr.Queshi, learned advocate appearing on behalf of the
petitioner, no further extension shall be granted.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
[M.R.
SHAH, J.]
rafik
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