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CR.MA/1409320/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14093 of 2008
In
CRIMINAL
APPEAL No. 183 of 2006
==================================================
KISHOR
RAMCHANDRA MORE - Applicant
Versus
STATE
OF GUJARAT AND ANOTHER - Respondents
==================================================Appearance
:
THROUGH JAIL for the
Applicant.
MR AJ DESAI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondents.
==================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 24/10/2008
ORAL
ORDER
1. RULE.
Learned Additional Public Prosecutor Mr. A. J. Desai waives
service of Rule on behalf of the respondents. In the facts and
circumstances of the case, the application is taken up for hearing
today.
2. This
is an application preferred by the convict through the
Superintendent, Central Jail, Baroda for releasing him on temporary
bail in order to attend obsequies of his sister who expired in Mumbai
on 10th August, 2008.
3. Considering
the averments made in the application and since the applicant has
already undergone 5 years sentence out of 7 years RI under Sections
394, 397, 398 and 34 of the Indian Penal Code, I am of the view that
the convict is required to be released on temporary bail for a period
of 15 days from the date of his release.
4. For
the foregoing reasons, the application is partly allowed. The
applicant is ordered to be released on temporary bail for a period of
15 days from the date of his release on his furnishing personal bond
of Rs. 3000/- (Rupees Three Thousand Only) before the jail authority.
On completion of the aforesaid period, he shall surrender before the
jail authority. Rule is made absolute to the extent indicated
hereinabove. The application stands disposed of accordingly.
[H.
B. ANTANI, J.]
/shamnath
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