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CR.MA/3724/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3724 of 2011
In
CRIMINAL
APPEAL No. 1690 of 2009
=================================================
PARBAT
RAJABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=================================================
Appearance
:
THROUGH
JAIL for Applicant(s) : 1,
Mr.J.K. SHAH, 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
: 18/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed through Jail praying for temporary bail
for a period of 30 days so as to remain present at a religious
ceremony for the deceased wife and son and also to attend another
religious ceremony of his sister’s son (nephew) at Holi.
2. Rule.
Mr.J.K. Shah, 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 302, 498(A), 201 and 304 of IPC
and sections 3 and 4 of the Dowry Prohibition Act, to suffer
imprisonment for life with fine of Rs.10,000/- in default, to
undergo a further sentence of 2 years and 3 months by the learned
Judge, Fast Track Court No.3, Junagadh on 7th August 2009
in Sessions Case No.168 of 1996.
4. Taking into
consideration the Jail remarks he has enjoyed furlough once in the
month of June 2010. There is nothing adverse against him.
5. Considering
the above aspects, the applicant is ordered to be released on
temporary bail for 20 (twenty days) from the date of
his release on his executing a personal bond of Rs.5000/- (Rupees
five thousand only) with one surety of the like amount 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.
7. The
application is allowed. Rule is made absolute. The Registry is
directed to communicate this order by fax immediately to the Jail
authorities.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
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