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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
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1. Rule.
Mr. Kodekar, learned APP, appears and waives service of rule on
behalf of the respondent State of Gujarat.
2. Having
regard to the facts of the case, the application is taken up for
hearing today.
3. By
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.
4. Having
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
period.
5. In
view of the above, we are not inclined to release the
applicant-convict on temporary bail on the ground stated by him in
the application.
6. Seen
in the above context, the application lacks merit and deserves to be
rejected.
7. For
the foregoing reasons, the application fails and it is rejected
accordingly.
8. Rule
is discharged.
(A.M. KAPADIA, J)
(BANKIM
N. MEHTA, J)
(pkn)
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