Gujarat High Court Case Information System Print CR.MA/1792/2011 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 1792 of 2011 In CRIMINAL APPEAL No. 8 of 2008 ========================================================= DEVARAJ SHYAMRAJ - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : THROUGH JAIL for Applicant(s) : 1, MR. KODEKAR, APP, for Respondent(s) : 1, None for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE A.M.KAPADIA and HONOURABLE MR.JUSTICE BANKIM.N.MEHTA Date : 14/02/2011 ORAL ORDER
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
Mr. Kodekar, learned APP, appears and waives service of rule on
behalf of the respondent State of Gujarat.
regard to the facts of the case, the application is taken up for
filing instant application through jail authority, the applicant has
prayed to release him on temporary bail for a period of 20 days to
enable him to engage private advocate instead of advocate engaged by
the the Legal Aid Committee to defend his case in Criminal Appeal No.
8 of 2008 filed by him which is pending for final hearing.
considered the submissions advanced by Mr. Kodekar, learned APP for
the respondent State of Gujarat and upon perusal of the averments
made in the application so also jail remark sheet, we have noted that
the applicant has enjoyed one furlough leave in the recent past i.e.
in October-November, 2010 for a period of 28 days. Therefore, he
could have engaged private advocate to defend his case during that
period. However, he failed to engage private advocate during that
view of the above, we are not inclined to release the
applicant-convict on temporary bail on the ground stated by him in
in the above context, the application lacks merit and deserves to be
the foregoing reasons, the application fails and it is rejected
(A.M. KAPADIA, J)
N. MEHTA, J)