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CR.MA/5924/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5924 of 2011
IN
CRIMINAL
APPEAL NO.406 OF 2010
=========================================================
PRABHATBHAI
HARIBHAI RABARI - CONVICT PRISONER - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
KRISHNA U MISHRA for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 28/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed by the wife of the convict Isaben
Prabhatbhai Rabari. The applicant has prayed for temporary bail for
a period of 30 days as the mother of the convict is not keeping good
health. In support of the application, a certificate from
Dr.M.U.Sengar, M.S. (General Surgeon), Gokul Sarvajanik Hospital is
enclosed.
Rule.
Learned APP Mr.Pandya waives service of notice of rule
on behalf of the respondent State.
Learned
APP invited attention of the Court to the jail remarks. The
conviction is recorded only on 18.1.2010 and by now, the convict has
undergone 1 year, 5 months and 23 days as on 27.4.2011.
Learned
advocate for the applicant stated that co-accused were released on
temporary bail and they have reported back in jail and, therefore,
there is no apprehension that this convict will abscond if temporary
bail is granted. She also stated that the mother of the convict is
having serious problem and she is having posterior neck pain and
dizziness and she is advised longer treatment and also advised to
neuro-physician for the same.
For
the contents of the application, the same is partly allowed. The
convict prisoner is ordered to be released on temporary
bail for a period of 21 days from the date of
his actual release, on his executing a personal bond of Rs.5,000/-
(Rupees Five Thousand only) to the satisfaction of the jail
authorities. The convict shall surrender to the jail authorities on
expiry of the temporary bail period. It being a first release, the
convict shall report on every Monday to the nearest Police Station
between 8.00 a.m. and 12.00 p.m.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAVI
R.TRIPATHI,J)
(P.P.BHATT,J)
pathan
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