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CR.MA/4252/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4252 of 2011
In
CRIMINAL
APPEAL No. 943 of 2010
=========================================================
MAJIDKHAN
MAHOBATKHAN - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
RULE NOT RECD BACK for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 06/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Rule
was issued on 30.03.2011 returnable today, i.e. 06.04.2011 so as to
verify the contents of the application filed by the convict through
jail praying for temporary bail for a period of 90 days.
2. Learned
APP Mr.Pandya places on record a copy of communication from the
Police Sub Inspector, Patdi Police Station, to the learned Public
Prosecutor. It is stated in the communication that the fact of the
house having collapsed is verified. It is also stated in the
communication that as the convict will be at village Gediya and not
at Surendranagar, no breach of peace is apprehended. It is also
stated that wife of the convict – Madinaben is residing in a
hut in village Gediya.
3. In
view of that, the application is allowed. The applicant-convict is
ordered to be released on temporary bail for a period of 30 days from
the date of his release in Criminal Appeal No.943 2010 pending before
this Court, on his executing a personal bond of Rs.5,000/- (Rupees
Five Thousand Only) to the satisfaction of the Jail authorities.
The
fact that the applicant-convict is being released for the first time,
it is deemed proper to order that the convict shall mark his presence
on every Monday between 08.00 am to 12.00 pm at the nearest Police
Station.
4. The
applicant shall surrender to the Jail authorities on expiry of the
temporary bail period.
5. Rule is made
absolute.
(Ravi
R.Tripathi, J.)
(P.P.Bhatt,
J.)
*Shitole
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