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CR.MA/4110/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4110 of 2011
In
CRIMINAL
APPEAL No. 931 of 2007
=========================================================
DILIP
NIVRUTTI VARANDEY - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
RULE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 06/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The
matter was kept on 08.04.2011 awaiting the actual release of the
convict on furlough, which is granted by the competent authority by
order dated 31.03.2011.
2. Learned
APP makes available for perusal communication dated 06.05.2011 from
the office of the Deputy Superintendent, Ahmedabad Central Prison to
the Superintendent of Police, Dist. Satara, Maharashtra State.
Earlier, letter was addressed in vernacular (Marathi) to the same
authority on 02.05.2011. The reply is awaited.
3. RULE.
Mr.Kartik Pandya, learned Additional Public Prosecutor waives
service of Rule on behalf of the respondent-State.
4. Learned
APP invited attention of the Court to the jail remarks. The convict
is in jail since 10.11.2005. He is convicted on 12.09.2006. By now,
he has undergone 5 years, 4 months and 11 days as on 21.03.2011. As
no surety is coming forward, the convict may not be able to enjoy the
furlough.
5. Taking
into consideration the contents of the application, wherein he has
stated that the financial condition of his family is very weak, there
is nobody outside to look after his aged parents and to help them in
getting livelihood and in view of the fact that the convict is in
jail for more than 5 years, it is deemed fit that the convict be
granted temporary bail.
6. The
application is accordingly allowed. The convict is ordered to be
released on temporary bail for a period of 7 days from the date of
his release in Criminal Appeal No.931 of 2007 pending before this
Court, on his executing a personal bond of Rs.5,000/- (Rupees Five
Thousand Only) to the satisfaction of the Jail authorities.
As
the convict is going out for the first time, he is ordered to be
released on temporary bail with Police Escort at the cost of the
State.
7. The
applicant-convict shall surrender to the Jail authorities on expiry
of the temporary bail period.
8. Rule is made
absolute.
A
copy of this order be made available to learned APP for its onward
communication.
(Ravi
R.Tripathi, J.)
(P.P.Bhatt,
J.)
*Shitole
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