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CR.MA/6499/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6499 of 2008
In
CRIMINAL
APPEAL No. 564 of 2000
=========================================================
GANPAT
@ GANO RAVJI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for Applicant(s)
: 1,
MR
SP HASURKAR, APP, for
Respondent(s)
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 19/06/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE R.P.DHOLAKIA)
1. Rule.
Mr. S.P. Hasurkar, learned APP, waives service of rule.
2. The
applicant-convict through jail authority has sent this application
praying for temporary bail on the ground of medical treatment of his
own. In support of his say he has annexed certificate issued by
Medical Officer, Jail Dispensary, Central Jail, Vadodara. We have
gone through the application wherein the applicant has narrated the
detailed reasons for grant of temporary bail. We have no reason to
disbelieve the reasons stated by the applicant in the application. As
per the jail record the applicant has already undergone sentence of
seven years. In the past the applicant had enjoyed temporary bails
and furlough leaves. As per the record the applicant has once misused
his liberty in the year 2001, but the record shows that thereafter
opportunity has been given to him by the Court by granting temporary
bail from 30.10.2007 to 28.11.2007 for his own treatment and he has
not misused his liberty.
3. In
view of the particular facts and circumstances of the case, this
application is allowed. The applicant-convict is ordered to be
released on temporary bail for a period of thirty days from the date
of his release on his executing personal bond in the sum of
Rs.5000/- (Rupees five thousand only) before the jail authority. He
shall surrender before the jail authority immediately after the
aforesaid period is over. Rule is made absolute accordingly.
[R.P.
DHOLAKIA, J.]
[K.S.
JHAVERI, J.]
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