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CR.MA/8429/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8429 of 2011
In
CRIMINAL
APPEAL No. 3092 of 2008
=========================================================
DEHABHAI
BHUPATBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for Applicant(s) : 1,
MR KARTIK PANDYA, ADDL. PUBLIC
PROSECUTOR for Respondent : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 23/06/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed by the convict through Jail seeking
temporary bail for a period of 60 days so as to undertake
agricultural operations.
In
support of the application, the applicant has annexed a xerox copy of
extract of 7/12. He has also annexed a certificate from the Sarpanch
of Virpur [Chowk] Gram Panchayat.
Rule.
Mr. Kartik Pandya, learned Additional Public Prosecutor waives
service of rule on behalf of the respondent State.
Learned
Additional Public Prosecutor has made available for the peursal of
the Court the Jail remarks which he has obtained through Fax. The
convict has enjoyed only one furlough in June 2009 and he has
reported in time. The convict has undergone imprisonment of 4 Years
and 23 days as on 23.06.2011. The convict has not enjoyed any
temporary bail.
For
the contents of the application, the same is allowed. The 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.5000/-
[Rupees Five Thousand only] to the satisfaction of the Jail
authorities.
The
convict shall surrender himself to the Jail authorities on expiry of
the above temporary bail period.
The
application is allowed accordingly. Rule is made absolute
accordingly.
[RAVI
R.TRIPATHI. J.]
[P.P.BHATT,
J.]
mathew
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