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CR.MA/13270/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13270 of 2011
In
CRIMINAL APPEAL No. 657 of 2007
=========================================================
KAMLABEN
W/O KANAIYALAL SURABHAI PARMAR THRO HER DOUGHTER - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
KI KAZI for
Applicant(s) : 1,
MR KARTIK PANDYA, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 20/09/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Learned APP waives service.
Heard
learned advocate, Mr.Kazi, for the applicant and learned APP,
Mr.Pandya, for the respondent – State.
The
applicant – convict who vide judgment and order dated
17.2.2007 rendered by learned Addl.Sessions Judge, Surendranagar in
Sessions Case No.67 of 2006 has been convicted for the offences
punishable under Sections 302 etc. of the IPC and sentenced to
undergo imprisonment for life with fine has filed this application
through her daughter Nehaben seeking temporary bail for the period
of 30 days on the ground of performing after-death ceremony of her
brother, who died on 18.09.2011.
The
jail remarks sheet forwarded by the jail authority reveals that the
applicant – convict prisoner has undergone 4 years and 12
months in jail. It further transpires that the applicant has enjoyed
temporary bail thrice, enjoyed furlough twice, and enjoyed parole
twice, and she surrendered in time before the jail authority. Along
with this application through her daughter, copy of the death
certificate is also annexed.
Considering
the facts and circumstances of the case, it is expedient to partly
allow the application.
The
application succeeds in part and is accordingly partly allowed. The
applicant – convict is ordered to be released on temporary
bail for a period of 15 days from the date of her actual release,
upon her furnishing personal bond in the sum of Rs.5000/- (Rupees
Five Thousand Only) before the jail authority on usual terms and
conditions. After the period is over, the applicant shall surrender
to the jail authority. The applicant shall not take disadvantage of
her liberty and shall maintain law and order.
Rule
made absolute accordingly.
(D.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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