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SCR.A/1946/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1946 of 2011
=========================================================
PRAVIN
@ HAKLO NATVARLAL PATEL - THRO' KOKILABEN N PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
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Appearance :
MS
SHUBHA B TRIPATHI for
Applicant(s) : 1,
MRS. MANISHA L. SHAH, ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 03/08/2011
ORAL
ORDER
This
application is preferred by the applicant convict challenging the
order dated 02.07.2011 of the Office of the Inspector General of
Police (Prisons) by which the applicant convict is ordered to
furnish Rs.50,000/= (Rupees Fifty Thousand Only) in cash towards
surety and the like amount.
Heard
learned Advocate Ms. Subha B. Tripathi appearing for the applicant
convict, who submits that the above condition is too harsh and
onerous and runs counter to the applicant convict’s right to be
released on furlough and the same is required to be modified.
Considering
overall facts and circumstances and besides the jail record of the
applicant convict do not reveal that it is satisfactory, but at the
same time, it is not in dispute that furlough is due and therefore,
the applicant convict is ordered to be granted furlough, on
furnishing a personal bond of Rs.5,000/- (Rupees Five Thousand
Only), and surety of the like amount, on the usual terms and
conditions and to the satisfaction of the jail authority and on
completion of the period of furlough, the applicant shall surrender
in time before the jail authority.
In
view of the aforesaid, this application stands allowed to the above
extent. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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