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CR.MA/8253/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8253 of 2010
In
CRIMINAL
APPEAL No. 1306 of 2006
=========================================================
HUSANABANU
SAHIDBHAI KURESHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
EJAZ M QURESHI for Applicant(s) : 1,
MR LB DABHI, ADDL.PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 03/08/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
Rule.
Mr.L.B.Dabhi, learned APP, appears and waives service of notice of
rule on behalf of the respondent – State of Gujarat.
Having
regard to the facts of the case, the application is taken up for
hearing today.
The
applicant – convict prisoner, who, vide judgment and order
dated 29.05.2006 rendered in Sessions Case No.231 of 2005 by the
learned Addl.Sessions Judge, Fast Track Court No.2, Ahmedabad has
been convicted for the offences punishable under Sections 498A, 302
IPC and sentenced to suffer imprisonment for life, has filed this
application, praying to enlarge him on regular bail during the
pendency and final hearing of the above numbered criminal appeal.
Having
heard Mr.Ezaz Qureshi, learned advocate for the applicant and
Mr.L.B.Dabhi, learned APP, for the respondent – State of
Gujarat as well as the impugned judgment and order, so also this
application being third successive bail application and no new
ground is made out, therefore, we are not inclined to enlarge the
applicant on regular bail during the pendency and final hearing of
the criminal appeal.
Seen
in the above context, the instant application lacks merit and
deserves to be rejected.
For
the foregoing reasons, the application fails, and accordingly it is
rejected.
Rule
is discharged.
(A.M.KAPADIA,
J.)
(J.C.UPADHYAYA,
J.)(binoy)
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