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CR.MA/1798/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1798 of 2011
In
CRIMINAL
MISC.APPLICATION No. 758 of 2011
In
CRIMINAL APPEAL No. 525 of
2007
=========================================================
PANKAJBHAI
MOHANLAL CHHOWALA THRO' KUNAL PANKAJBHAI CHHOWALA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
KD PARMAR for
Applicant(s) : 1,
MR. LB DABHI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 10/02/2011
ORAL
ORDER
(Per : HONOURABLE
MR.JUSTICE A.M.KAPADIA)
1. Rule.
Mr. LB Dabhi, learned Addl. Public Prosecutor waives service of
notice of rule on behalf of the respondent – State of Gujarat.
2. Having
regard to the facts of the case, the application is taken up for
hearing today.
3. By
filing instant application, the applicant – convict prisoner,
who has been enlarged on temporary bail for a period of 15 days by
this Court on 25.1.2011 in Criminal Misc. Application No.758 of
2011, has prayed to extend the period of temporary bail for a
further period of four weeks on the ground stated in the
application.
4. Having
heard Ms. KD Parmar, learned advocate for the applicant and Mr. LB
Dabhi, learned APP for the respondent – State of Gujarat and
upon perusal of the order dated 25.1.2011 passed by this Court in
Criminal Misc. Application No.758 of 2011 granting him temporary
bail for a period of 15 days for the purpose of performing operation
of hernia and also the certificate dated 8.2.2011 certifying that
operation has already been performed and he required bed rest for a
further period of four weeks so also the jail remark sheet, we deem
it expedient to accede to the request made by the applicant by
extending the period of temporary bail, granted to him vide order
dated 25.1.2011 by this Court in Criminal Misc. Application No.758
of 2011, upto 26.2.2011.
5. For
the foregoing reasons, the application succeeds in part.
Accordingly, it is partly allowed. The period of temporary bail
granted to the applicant by this Court on 25.1.2011 in Criminal
Misc. Application No.758 of 2011, shall stand extended upto
26.2.2011 on the same terms and conditions. The applicant now shall
surrender to the jail authority on 27.2.2011 at 1:00 o’clock without
fail.
6. Rule
is made absolute accordingly to the aforesaid extent.
(A.M.KAPADIA, J.)
(BANKIM.N.MEHTA, J.)
shekhar/-
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