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CR.MA/8586/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8586 of 2008
In
CRIMINAL
APPEAL No. 80 of 2006
=======================================================
KALABHAI
GABABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=======================================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MR PD
BHATE APP for Respondent(s) :
1-2,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 07/07/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE R.P.DHOLAKIA)
Rule.
Learned A.P.P. Mr.P.D. Bhate waives service of rule on behalf of the
respondents.
This
application has been sent by the convict prisoner through jail
authority, wherein he has prayed for temporary bail for a period of
45 days mainly on the ground of helping family members. In support
of it, he has annexed the letter received from his family members.
We
have gone through the application sent by the convict prisoner
through jail authority along with the jail report annexed with the
application. Jail record shows that the convict has undergone more
than four years of sentence. In past, he has enjoyed furlough leave
once and reported in time without misusing his liberty. Looking to
the facts and circumstances of the case, the convict is required to
be released on temporary bail.
In
view of the above, the application is partly allowed and the
convict prisoner is ordered to be released on temporary bail for a
period of 15 (Fifteen) Days from the date of his
release on his executing a personal bond in the sum of Rs.5,000/-
(Rupees Five Thousand only) before the jail authority.
He
shall surrender before the Jail Authority immediately after the
aforesaid period is over.
Rule
is made absolute to the aforesaid extent.
(R.P.DHOLAKIA,
J.) (D.N. PATEL, J.)
/patil
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