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SCR.A/2401/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2401 of 2009
=========================================================
FAZAL
DOUD NAGORI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
BHUSHAN B OZA for
Applicant(s) : 1,
Mr LR Pujari, addl.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 29/01/2010
ORAL
ORDER
1. Heard
learned advocate Mr.Bhushan Oza for the applicant and learned APP Mr
LR Pujari.
2. I.G.Prisons,
by his order dated 27.11.2009, rejected the proposal of
furlough of the present applicant-convict prisoner considering
adverse police opinion and as the present applicant is involved in
serious case of bomb blast. The said order is challenged by the
applicant by filing the present application.
3. It
is submitted by learned advocate Mr.Oza that the application of the
other accused who is convicted along with the present applicant in
the said case is allowed by this Court (Coram: Ms.H.N.Devani, J). It
is also submitted by Mr.Oza that the accused is in jail since more
than seven years and during the trial, he was on bail and no untoward
incident took place during his bail period.
4. The
case of the present applicant is squarely covered by the judgment
delivered by this Court in Special Criminal Application No.2188 of
2009 dated 11.11.2009.
5. In
view of the above, this application is partly allowed. The applicant
is ordered to be released on furlough leave for fourteen days from
19.2.2010. The applicant shall furnish a surety of Rs.5,000/- (Rupees
five thousand only) and a personal bond of the like amount on usual
terms and conditions. Considering the nature of the offence as
well as the apprehension voiced by the police authorities, the
applicant-accused is directed to report to Varachha police station,
Surat twice in a week during the course of his release. The accused
shall surrender immediately on completion of 14 days as aforesaid.
Direct service is permitted.
[
M.D.Shah, J ]
msp
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