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R/CR.MA/7422/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 7422 of 2011
In
CRIMINAL
APPEAL no 400 of 2011
======================================
NARSHI
BHAVAN....Applicant
Versus
STATE
OF GUJARAT & 1....Respondent
======================================
Appearance:
THROUGH
JAIL for the Applicant.
MR
JK SHAH, APP for the Respondent.
======================================
CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 06/06/2011
ORAL
ORDER
Rule.
Mr. J. K. Shah, learned Additional Public Prosecutor waives service
of notice on behalf of respondent State.
Present
application is filed by the applicant convict through jail
seeking temporary bail for a period of 9 days for the purpose of
repairing his house. On the same ground, earlier Criminal Misc.
Application No.5365 of 2011 was preferred and the Division Bench of
this Court vide order dated 05.05.2011 allowed the application
ordering release of the applicant convict on temporary bail for a
period of 30 days from the date of his release on his executing a
personal bond of Rs.5,000/-. As per the order dated 05.05.2011, the
applicant was supposed to surrender to the jail authorities on
10.06.2011. However, he informs this Court vide letter dated
01.06.2011 that as he wanted to appear in the exam, he surrendered
earlier i.e. on 28.05.2011 and appeared for the exam. In this view
of the matter, he could not avail of the benefit of the balance days
of temporary bail. According to him, the work of preparation of the
house is still in progress.
Taking
into consideration the facts and circumstances of the case, the
accused applicant is ordered to be released on temporary bail for
a period of 09 days from the date of his release on his executing a
personal bond of Rs.5,000/- to the satisfaction of the jail
authorities. The applicant convict shall surrender to the jail
authorities on expiry of the temporary bail period. Rule is made
absolute to the aforesaid extent.
Sd/-
(J.B.PARDIWALA,
J.)
Savariya
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