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CR.MA/5848/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5848 of 2011
In
CRIMINAL
APPEAL No. 1337 of 2008
=========================================================
KHODA
NATHABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
Mr.KARTIK PANDYA, ADDL PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 28/04/2011
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 30 days for constructing house.
2. RULE.
Mr.Kartik Pandya, learned Additional Public Prosecutor waives
service of rule on behalf of the respondent-State.
3. The
applicant- appellant- original accused has been convicted for the
offences punishable under sections 302, 149, 143, 147, 148, 307 and
324 of the Indian Penal Code to suffer imprisonment for life with
fine of Rs.3700/- in default to further undergo imprisonment for 1
year, 2 months and 11 days as awarded vide judgement dated 27.02.2008
by the learned Additional Sessions Judge, Sessions Court,
Bhuj-Kachchh in Sessions Case No.27 of 2002.
4. The learned
APP has invited attention of the Court to the Jail remarks. The
applicant is in Jail since 9 years, 7 months and 5 days as on
21.04.2011. He has neither enjoyed any temporary bail nor parole.
However, he has enjoyed furlough 4 furloughs. Every time he has
reported in time.
5. Taking into
consideration the contents of the application and the record of the
convict, the convict is ordered to be released on temporary
bail for a period of 30 (thirty) days from the date of his
release on his executing a personal bond of Rs.5000/- (Rupees five
thousand only) to the satisfaction of the Jail authorities.
6. The
applicant shall surrender himself to the Jail authorities on expiry
of the above temporary bail period. The application is allowed.
Rule is made absolute.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
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