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CR.MA/3799/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3799 of 2011
In
CRIMINAL
APPEAL No. 1372 of 2007
=========================================================
MELO
@ MELAJI JERAMJI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
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
: 21/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed through jail seeking temporary bail for
a period of 30 days so as to engage another advocate to represent him
in the pending appeal.
Rule.
Learned APP Mr.Raval waives service of notice of rule on behalf of
the respondent State.
The
convict prisoner was granted furlough in the month of April 2009 and
he did not report back on expiry of furlough and remained absconding
for 173 days. He was lodged back in jail after he was arrested by
the police. By now, the convict has undergone 3 years, 6 months and
14 days as on 14.3.2011 against 10 years imprisonment for the
offence punishable under Sections 366, 366 and 376 of IPC.
For
the contents of the application, 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 actual release, on his executing a personal
bond of Rs.5,000/-
(Rupees Five Thousand only) to the satisfaction of the jail
authorities. The convict shall report on every Monday to the nearest
Police Station. The applicant shall surrender himself to the jail
authorities on expiry of the temporary bail period.
Rule
is made absolute to the aforesaid extent.
(RAVI
R.TRIPATHI,J)
(P.P.BHATT,J)
pathan
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