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CR.MA/3884/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3884 of 2011
In
CRIMINAL
APPEAL No. 2875 of 2008
=================================================
PRAGNESH
@ PAKO HARSHADBHAI - 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
: 24/03/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed seeking 45 days of temporary bail
through Jail. The reason set out in the application for temporary
bail is to make available medical treatment to the convict’s mother,
who is suffering from excessive (gynec problem). In support of his
submission the convict has enclosed doctor’s certificate dated 15th
October 2010. The delay in making the application stands explained
in the application when it is stated that younger sister of the
convict met the convict on Saturday and informed the convict. Now
diabetes and Blood Pressure are under control. Doctor opined that
now she can be operated.
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 section 302 of the IPC to suffer imprisonment for life with
fine of Rs.20,000/-, in default to further undergo imprisonment for 1
year by the learned Judge, City Sessions Court, Ahmedabad in Sessions
Case No.53 of 2008.
4. The learned APP has made
available the Jail record. The convict has undergone 3 years, 6
months and 13 days in Jail. The convict had availed temporary bail
and furlough each once. Nothing objectionable is found from the Jail
remarks.
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 40 (forty)
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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