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CR.MA/14526/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14526 of 2011
In
CRIMINAL
APPEAL No. 1301 of 2006
=========================================================
MAFATLAL
KACHARABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 20/10/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
1. Rule. Learned APP waives
service.
2. The applicant –
convict who vide judgment and order dated 01/06/2006 rendered by the
Ld. Addl. Sessions Judge, Gandhinagar, in Sessions Case No. 32 of
2005 has been convicted for the offences punishable under sections
302, etc., of the IPC and sentenced to undergo imprisonment for life
and fine, has forwarded the present application through jail seeking
temporary bail for period of 30 days on the ground of providing
financial assistance to his family.
3. The jail remark sheet
forwarded with the application by the jail authority reveals that the
applicant convict has undergone 5 years and 09 months in jail. It
further transpires that the applicant convict has enjoyed temporary
bail on five occasions and furlough leave on two occasions and on all
the occasions, he surrendered in time before the jail authority.
4. Considering the facts
and circumstances of the case, the application is allowed in part.
The applicant-convict is ordered to be released on temporary bail
for the period of 15 [fifteen] days from the date of his actual
release, upon furnishing personal bond in the sum of Rs.5,000/-
[Rupees five thousand only] before the jail authority on usual terms
and conditions. After expiry of the temporary bail period, the
applicant-convict shall surrender before the concerned jail authority
immediately.
Rule is made absolute
accordingly.
(D.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
*
Pansala.
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