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CR.MA/5189/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5189 of 2011
In
CRIMINAL
APPEAL No. 176 of 2007
=========================================================
JAYANTI
ATMARAM - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 10/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed by the convict through jail seeking
temporary bail for a period of 45 days. It is dated 9.4.2011. It is
received in the Registry on 15.4.2011. Though it is mentioned in the
application that religious rituals (post death rituals) are to be
performed from 10.5.2011 onwards, the application is placed before
the Court only today i.e. on 10.5.2011.
The
matter is required to be looked into for serious delay which renders
the application infructuous so far as rituals which are scheduled to
be performed from 10.5.2011 onwards.
Registry
is directed to place the papers before the Honourable the Chief
Justice for passing appropriate orders in the matter as may be deemed
fit.
Rule.
Learned APP Mr.Pandya waives service of notice of rule on behalf of
the respondent State.
Learned
APP invited attention of the Court to the jail remarks. Nothing
adverse is noticed from the jail remarks. As the mother and elder
brother of the convict are died in the months of March and May 2010
and post death rituals are to take place starting from 10.5.2011 to
21.5.2011 (death anniversary rituals).
For
the contents of the application, the same is partly allowed. The
convict prisoner is ordered to be released on temporary
bail for a period of 30 days from the date of his
actual release, on his executing a personal bond of Rs.5,000/-
(Rupees Five Thousand only) to the satisfaction of the jail
authorities. The convict shall surrender to the jail authorities on
expiry of the temporary bail period.
Rule
is made absolute to the aforesaid extent.
(RAVI
R.TRIPATHI,J)
(P.P.BHATT,J)
pathan
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