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CR.MA/4195/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4195 of 2011
In
CRIMINAL
APPEAL No. 1415 of 2010
=========================================================
ILLUBHAI
VALJIBHAI NANDESARIA & 1 - Applicant(s)
Versus
THE
STATE OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MK PUJARA for Applicant(s) : 1-2
MR
JK SHAH, APP PUBLIC PROSECUTOR for Respondent(s) :
1-2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 25/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Learned Advocate
Mr.M.K.Pujara for the applicants mentioned the matter for urgent
circulation for temporary bail as the engagement of the real sister
of the applicants is scheduled on 27.03.2011 .
Permission was
granted.
The papers are
received from the Registry.
2. Learned APP Mr.Shah,
with help of Mr.Pravin S.Panchal, Head Constable, with utmost
promptness is able to procure the jail remarks and produced the same
before the Court for perusal.
3. The papers of the
main Criminal Appeal are also placed along with the present
application. On perusal of the same, it is noticed that the present
applicants are convicted for offence under Sections 376, 366, 368 and
506(2) read with Section 34 of the Indian Penal Code. Both the
applicants were on bail during trial. They are convicted on
13.05.2010. By now, they have undergone 1 years, 1 month and 12
days.
4. RULE.
Mr.J.K.Shah, learned Additional Public Prosecutor waives service of
Rule on behalf of the respondent-State.
5. Taking into
consideration the fact that the engagement of the real sister of the
applicants is scheduled on 27.03.2011, the application is allowed.
The applicants-convicts are ordered to be released on temporary bail
for a period of 4 (four) days from the date of their release in
Criminal Appeal No.1415 of 2010 pending before this Court, on their
executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only),
each to the satisfaction of the Jail authorities.
6. The
applicants shall surrender to the Jail authorities on expiry of the
temporary bail period.
7. Rule is made
absolute.
Registry is directed
to communicate this order by fax to the jail authorities.
(Ravi
R.Tripathi, J.)
(P.P.Bhatt,
J.)
*Shitole
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