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CR.MA/8623/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8623 of 2011
In
CRIMINAL
APPEAL No. 568 of 2011
=========================================================
JAGDISHBHAI
@ VIJAY JAGA @ ANGA PRABHULAL THAKOR,THRO'VAJAYA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
GAJENDRA P BAGHEL for
Applicant(s) : 1,
Mr.JASHWANT K. SHAH, ADDL PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 24/06/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI
R.TRIPATHI)
The
present application is filed by the wife of the convict seeking
temporary bail for a period of 60 days so as to make necessary
arrangement for financial assistance to the family and also education
of children. The learned advocate for the applicant invited
attention of the Court to para 6 of the application, which reads as
under:
“The
convict says and submits that the applicant has four children two
daughters namely Gujan aged 16 years, was studying in standard 7th,
she is compelled to leave the study because of this circumstances,
another daughter Deepika aged 7 years has yet to obtain admission in
the school, the applicant has two sons elder son aged 14, has to
obtain admission in std. 7Th,
has failed in st. 6th
in the year 2009-10, because of this circumstances he could not avail
admission and could not continue his study, it is further submitted
that the another son namely Shubham aged 11 years has also to get
admission in school and he want to study, the applicant submits that
as the convict father is in Jail since 5/7/2009 the all the children
are not able to get admission, because of financial crises, therefore
if the convict is released for 60 days he can mange for fund and
could admit the children in school. The mark sheet is annexed as
annexure ‘A’.”
2. RULE.
Mr.Jashwant K. Shah, learned Additional Public Prosecutor waives
service of rule on behalf of the respondent-State.
3. The
applicant- appellant- original accused has been convicted for the
offences punishable under sections 486, 392 and 397 of the Indian
Penal Code to undergo imprisonment for 10 years with fine of
Rs.8000/-, in default to under imprisonment for 1 year and 6 months
as awarded vide judgement dated 03.02.2011 by the learned Additional
Sessions Judge, Godhra in Sessions Case No.54 of 2010.
4. The learned
APP has invited attention of the Court to the Jail remarks. The
learned APP has also invited attention of the Court to the fact that
the convict has as many as 11 other cases pending against him.
5. Taking into
consideration that future of children is at stake, the Court deems it
proper to consider this application favourably and grants him
temporary bail.
6. For the
contents of the application, the same is allowed. The convict is
ordered to be released on temporary bail for a period of 30
(thirty) days from the date of his release on his executing a
personal bond of Rs.5000/- (Rupees five thousand only) to the
satisfaction of the Jail authorities.
7. The convict
shall surrender himself to the Jail authorities on expiry of the
above temporary bail period.
In light of the
fact that the convict is being released for the first time, it is
directed that the convict shall mark his presence at the nearest
Police Station between 08.00 AM and 12.00 Noon on every Monday during
the period of temporary bail. The application is allowed. Rule is
made absolute.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
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