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CR.MA/16169/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 16169 of 2010
In
CRIMINAL
APPEAL No. 1194 of 2006
=========================================================
FATESINH
MAGANBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR. DABHI, APP, for the Respondents
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 17/01/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
The
applicant – convict prisoner, who, by judgement and order dated
16.5.2006 rendered in Sessions Case No. 26 of 2006 passed by learned
Sessions Judge, Dahod, has been convicted for the offence punishable
under Section 302 etc. of the Indian Penal Code and sentenced to life
imprisonment , has filed this application through jail praying to
enlarge him on temporary bail for a period of 30 days to enable him
to perform the marriage ceremony of his son which is scheduled on
25.1.2011 and 26.1.2011.
2. We
have gone through the application and the supporting documents that
form part of the application and have considered the submissions
advanced by Mr. Dabhi, learned APP, for the respondent State of
Gujarat. We have also gone through the jail remarks sheet forwarded
by the jail authority.
3. Upon
perusal of the jail remarks sheet, we find that the applicant has
undergone more than 5 years imprisonment. During the said period, he
was released on temporary bail on one occasion and enjoyed furlough
leave on two occasions. On all the occasions, he has surrendered in
time. His conduct in jail is good. There is no jail punishment.
Besides this, on perusal of the copy of the invitation card it is
seen that the marriage of his son will be performed on 25.1.2011 and
26.1.2011.
4. In
view of this, we deem it expedient to consider the plea of the
applicant-convict prisoner to release him on temporary bail for a
period of 15 days from the date of his actual release.
5. For
the foregoing reasons, the application succeeds and it is allowed
accordingly. The applicant-convict prisoner FATESINH
MAGANBHAI is ordered to be
released on temporary bail for a period of 15 days from the date of
his actual release on executing a personal bond of Rs. 5,000/- before
the jail authority on usual terms and conditions. The applicant shall
surrender to the jail authority on completion of 15 days from the
date of his release without fail. During the period of temporary
bail, the applicant shall not abuse the liberty granted to him and
shall maintain law and order.
Rule
is made absolute accordingly.
(A.M.
KAPADIA, J)
(BANKIM N. MEHTA, J)
(pkn)
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