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CR.MA/6673/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6673 of 2008
In
CRIMINAL
APPEAL No. 846 of 2001
=========================================================
JAYANTI
@ BALIO MANJIBHAI PATNI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
KR RAVAL for
Applicant(s) : 1,
MR.
JANI, ASSISTANT PUBLIC
PROSECUTOR for
Opponent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.H.SHUKLA
Date
: 26/05/2008
ORAL
ORDER
Rule.
Learned
APP Mr. Jani appears and waives service of notice of Rule on behalf
of the Opponent.
Having
regard to the facts of the case, the application is taken up for
hearing today.
The
applicant convict prisoner has been convicted for the offence
punishable under Sections 147, 148, 504, 149, 302 etc. of the Indian
Penal Code by the judgment and order dated 28.9.2001 in Sessions
Case No. 1 of 2001 by the City Sessions Court, Ahmedabad and is
sentenced to imprisonment for life.
The
present application has been filed for grant of temporary bail for a
period of 21 days on the ground that the brother has expired on 18th
May 2008 for which copy of the death certificate is produced.
Heard
learned advocate Mr. K.R.Raval for the applicant convict prisoner
and learned APP Mr. Jani for the Opponent and also gone through the
jail remark sheet submitted by the learned APP.
It
transpires from the jail remark sheet that the applicant convict
prisoner has undergone about 7 ½ years of imprisonment and
has been released on temporary bail on 8 occasions and has also
enjoyed Furlough on 4 occasions and has surrendered in time and no
untoward incident had taken place during the said period.
Therefore, this Court is of the opinion that if the applicant
convict prisoner is released on temporary bail for a period of 15
days, it would meet the ends of justice.
For
the foregoing reasons, the application succeeds in part.
Accordingly, it is partly allowed. The applicant convict prisoner ?
JAYANTI @
BALIO MANJIBHAI PATNI is ordered to be
released on temporary bail for a period of 15 days from the date of
his actual release, on executing a personal bond of RS.5000/- before
the jail authority on usual terms and conditions. The applicant
convict prisoner shall surrender to the jail authority on completion
of 15 days from the date of his actual release without fail. During
the period of temporary bail, the applicant convict prisoner shall
not abuse the liberty granted to him and shall maintain law and
order.
Rule
is made absolute to the aforesaid extent.
Direct
service is permitted.
(R.H.Shukla,J)
Jayanti*
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