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CR.MA/13875/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13875 of 2011
In
CRIMINAL APPEAL No. 406 of 2010
=========================================================
RABARI
PRABHATBHAI HARIBHAI - THRO' ISHABEN P RABARI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
KRISHNA U MISHRA for
Applicant(s) : 1,
MS CM SHAH, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 30/09/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Learned APP waives service.
Heard
learned advocate, Ms.Mishra for the applicant and Ms.Shah, learned
APP for the respondent – State.
The
applicant – convict who vide judgment and order dated
18.1.2010 rendered by learned Addl.Sessions Judge, Patan in Sessions
Case No.12 of 2007 has been convicted for the offences punishable
under Sections 307 etc. of the IPC and sentenced to undergo
imprisonment for 10 years with fine has filed this application
through his wife seeking temporary bail for the period of 30 days on
the ground of attending the marriage of his sister-in-law fixed on
10.10.2011.
The
jail remarks sheet forwarded by the jail authority reveals that the
applicant – convict prisoner has undergone 1 year and 10
months in jail. It further transpires that the applicant has enjoyed
temporary bail once, but never enjoyed furlough, and he surrendered
in time before the jail authority. Along with this application,
xerox copy of the invitation card is also annexed.
Considering
the facts and circumstances of the case, it is expedient to partly
allow the application.
The
application succeeds in part and is accordingly partly allowed. The
applicant – convict is ordered to be released on temporary
bail for the period from 5.10.2011 to 11.10.2011, upon his
furnishing personal bond in the sum of Rs.5000/- (Rupees Five
Thousand Only) before the jail authority on usual terms and
conditions. After the period is over, the applicant shall surrender
to the jail authority. The applicant shall not take disadvantage of
his liberty and shall maintain law and order.
Rule
made absolute accordingly.
(D.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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