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CR.MA/14928/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14928 of 2010
In
CRIMINAL
APPEAL No. 474 of 2010
=========================================
MOHD.IMTIYAJ
AHMEDMIYAN - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MR HH PARIKH ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 10/12/2010
ORAL
ORDER
1. Rule.
Mr. Parikh, learned APP waives service of rule on behalf of the
State. Having regard to the facts and circumstances of the case, the
application is taken up for hearing today.
2. The
applicant needs temporary bail for 21 days on the ground of
engagement ceremony of his daughter. Considering the fact that out of
7 years’ sentence which is imposed on the applicant under Sections
363, 366 and 306 of the IPC, he has already undergone 3 years, 7
months and 29 days. He has enjoyed only furlough leave during the
month of May, 2010 for 14 days. Therefore, I am of the view that the
applicant deserves to be enlarged on temporary bail.
3. In
view of the aforesaid facts and circumstances, the application is
partly allowed and the applicant is
ordered to be released on temporary bail for a period of 10 (Ten)
days from his release upon furnishing a personal bond of Rs.5,000/-
(Rupees five thousand only) before the concerned Superintendent,
Sabarmati Central Jail and on the conditions that:-
[a] he
shall surrender before the jail authorities upon completion of the
aforesaid period.
[b] he
shall not leave the State of Gujarat.
4. Rule
is made absolute to the aforesaid extent.
Direct
service is permitted.
(Z.K.SAIYED,
J.)
ynvyas
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