Gujarat High Court Case Information System
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CR.MA/5152/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5152 of 2010
In
CRIMINAL
APPEAL No. 1074 of 2003
=========================================================
HARISINGH
@ HARIOM LAXMANSINGH GRAM GORKHA-CONVICT PRISONER - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
JAYSHREE C BHATT for
Applicant(s) : 1,MR MAHESH B BARIYA for Applicant(s) :
1,PARTY-IN-PERSON for Applicant(s) : 1,
MR M.R. MENGDEY ADDL.
PUBLIC PROSECUTOR for Respondent(s) : 1-
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 13/05/2010
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Heard party-in-person, who is present, before the Court.
2. By
this application, the party-in-person seeks temporary bail for
prisoner, Harisingh @ Hariom Laxmansingh, on the ground of marriage
of her relatives. The party-in-person, in the alternative, prays for
fixing the date of hearing of the appeal.
3. The
prisoner had absconded for 196 days between June and December 2009,
during which, his appeal was fixed for hearing but could not be taken
up because of
his abscondence.
4. Looking
to the past conduct of the applicant, his case for temporary bail
cannot be considered. Even otherwise also, no case is made out for
suspending the sentence and granting bail, even temporarily.
5. So
far as the request for expediting the hearing is concerned, the
appeal is of 2003 and it will be fixed for hearing in due course. At
this stage (last two days of working before summer vacation), it is
not proper to fix the roster after the vacation.
6. Under
the circumstances, neither of the prayer can be accepted. The
application stands rejected.
(A.L.
DAVE, J.)
(BANKIM
N. MEHTA, J.)
zgs/-
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