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R/CR.MA/7357/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 7357 of 2011
In
CRIMINAL APPEAL no 1674 of 2010
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JAHIDKHAN
SANDHAJI....Applicant(s)
Versus
STATE
OF GUJARAT & 1....Respondent(s)
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Appearance:
THROUGH
JAIL for the PETITIONER(s) No. 1
MR
JK SHAH, APP for the RESPONDENT(s) No. 1
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CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 06/06/2011
ORAL
ORDER
Rule. Mr. J. K. Shah,
learned APP waives service of rule on behalf of respondent
State.
This
is an application preferred by convict prisoner through jail praying
for temporary bail for a period of 30 days on the ground that his
daugther Taybabanu aged about 10 is suffering from Thalesemia
Major (Blood Cancer). There is a certificate issued by the
Superintendent, Referral Hospital, Radhanpur, Dist. Patan,
certifying that the patient has to come for blood transfusion every
month at the hospital. The accused applicant is undergoing sentence
passed 1 year and 7 months. He has been sentenced to undergo R.I.
for a period of 7 years for the offence punishable under Sections
395 and 397 of the Indian Penal Code. Taking
into consideration the fact that the accused applicant hails
from poor strata of the society and daughter aged about 10 years is
suffering from very severe ailment like Thalesemia Major requires
blood transfusion practically every month at the hospital, I deem it
fit and proper to order release of the applicant on temporary bail
for a period of 20 days to enable him to take care of his daughter.
In
the facts and circumstances of the case the accused applicant is
ordered to be released on temporary bail on his furnishing personal
bond of Rs.10,000/- (Rupees Ten Thousand Only) with the jail
authority for a period of 20 days from his actual date of release.
He shall surrender with the jail authority on expiry of temporary
bail period. During his period on temporary bail he shall mark his
presence once in a week on every Sunday at Varahi Police Station,
Dist. Patan. Rule made absolute.
(J.B.PARDIWALA,
J.)
kks
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