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CR.MA/8913/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8913 of 2010
In
CRIMINAL
APPEAL No. 55 of 2007
=========================================================
LAXMANBHAI
PRABHUBHAI TADVI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR LB DABHI, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 18/08/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
Rule.
Mr.L.B.Dabhi, learned APP, appears and waives service of notice of
rule on behalf of the respondent – State of Gujarat.
Having
regard to the facts of the case, the application is taken up for
hearing today.
By
instant application, applicant – convict prisoner who vide
judgment and order dated 31.08.2006 rendered in Sessions Case No.16
of 2006 passed by learned Additional Sessions Judge, Narmada at
Rajpipla, has been convicted for the offences punishable under
Sections 302 etc. IPC and sentenced to imprisonment for life, has
forwarded this application through jail authority, to enlarge him on
temporary bail for a period of 30 days to enable him to render
financial assistance to his mother, who is starving, as there is no
other male member in the family, who can earn and maintain her.
We
have gone through the application and the supporting documents that
form part of the application and have considered the submissions
advanced by Mr.L.B.Dabhi, learned APP for the respondent –
State of Gujarat. We have also gone through the jail remarks sheet
forwarded by the jail authority along with the application.
Upon
perusal of the jail remarks sheet, we find that the applicant has
undergone total period of 4 years, six months and thirteen days as
against the sentence of imprisonment of life. During that period, he
was released on furlough leave on two occasions. He has availed
furlough leave in the month of March 2010 for 14 days. In view of
the fact that he has availed furlough leave recently, we do not deem
it expedient to consider the prayer made by the applicant for
releasing him on temporary bail of 30 days to render financial
assistance to his mother.
For
foregoing reasons, the application is rejected.
Rule
is discharged.
[A.M.
Kapadia, J.]
[J.C.
Upadhyaya, J.]
(binoy)
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