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CR.MA/6004/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6004 of 2011
In
CRIMINAL
APPEAL No. 929 of 2009
=========================================================
MUKESH
@ CHILLI SURESHBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
Mr.KARTIK PANDYA, ADDL 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
: 06/05/2011
ORAL ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed through Jail seeking temporary bail for
a period of 60 days so as to attend his wife, who is stated to be
suffering from mental stress and is not mentally well. The applicant
and his brother, both are in Jail.
2. RULE.
Mr.Kartik Pandya, learned Additional Public Prosecutor waives
service of rule on behalf of the respondent-State.
3. The
applicant- appellant- original accused has been convicted for the
offences punishable under sections 376((JA), 34, 323, 342, 504, 636
and 506(2) of the Indian Penal Code to suffer imprisonment for life
with fine of Rs.11,400/-, in default to further undergo imprisonment
for 1 year, 2 months and 13 days as awarded vide judgement dated
18.03.2009 by the learned Additional Sessions Judge, Bharuch in
Sessions Case No.44 of 2008.
4. The learned
APP has invited attention of the Court to the Jail remarks. The
convict has undergone 3 years, 1 month and 19 days in Jail as on
25.04.2011. The convict had enjoyed one furlough in June 2010.
Details of his release on other occasions are not available.
5. Taking into
consideration the contents of the application and the record of the
convict, the convict is ordered to be released on temporary
bail for a period of 30 (thirty) days from the date of his
release on his executing a personal bond of Rs.5000/- (Rupees five
thousand only) to the satisfaction of the Jail authorities.
6. The
applicant shall surrender himself to the Jail authorities on expiry
of the above temporary bail period. The application is allowed.
Rule is made absolute.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
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