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CR.MA/5186/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5186 of 2011
In
CRIMINAL
APPEAL No. 1592 of 2010
=========================================================
RAHIM
HUSEN SHAIKH, THRO' MERUNBIBI MO. HUSENI SHEIKH - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
GAJENDRA P BAGHEL for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
RULE NOT RECD BACK for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 02/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The
present application is filed by mother of the convict –
Merunbibi W/o Huseni Sheikh seeking temporary bail for a period of 30
days so as to attend marriage of his real sister – Nazrina
Khatoon.
1.1 In
support of the application, a xerox copy of identity card issued by
the Election Commission of India is enclosed along with an invitation
card. The marriage functions will start from 22.05.2011 and will
continue up to 26.05.2011.
2. Rule
was issued on 22.04.2011 returnable today, i.e. 02.05.2011.
3. Learned
APP made available for perusal the jail remarks. The conviction is
under Section 489(B)(C) of the Indian Penal Code in Sessions Case
No.89 of 2008 by judgment and order dated 23.02.2010. So far, the
applicant has not enjoyed any temporary, furlough or parole.
3.1 The
mother of the convict – Merunbibi W/o Huseni Sheikh is present
in the Court and states that she takes the responsibility of
presenting the convict-Rahim Huesn Shaikh in jail on expiry of the
temporary bail.
4. For
the contents of the application and in view of the submissions made,
the application is allowed. The convict is ordered to be released on
temporary bail for a period of 21 days from the date of his release
in Criminal Appeal No.1592 of 2010 pending before this Court, on his
executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only)
to the satisfaction of the Jail authorities. Besides, the applicant
shall execute a bond for a sum of Rs.100/-.
It
goes without saying that this order is subject to grant of bail in
second case being Jamnagar ‘A’ Division Police Station C.R.
No.I-292/2008.
5. The
convict shall surrender to the Jail authorities on expiry of the
temporary bail period.
6. Rule is made
absolute.
Direct service
is permitted.
(Ravi
R.Tripathi, J.)
(P.P.Bhatt,
J.)
*Shitole
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