Gujarat High Court Case Information System Print CR.MA/6793/2011 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 6793 of 2011 In CRIMINAL APPEAL No. 470 of 2006 ===================================== RAJU MAGANBHAI - Applicant(s) Versus STATE OF GUAJRAT & 1 - Respondent(s) ===================================== Appearance : THROUGH JAIL 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 : 13/05/2011 ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE P. P. BHATT)
1.0 Present
application is filed by the applicant – convict through jail
seeking 30 days’ Temporary Bail for the purpose of medical treatment
of his mother. It is stated in the application that the father of
the applicant – convict has expired; his wife is not alive; he
has two minor children and old age mother in the family, who is not
keeping well. In support of the application, a letter of his brother
in law dated 30th April 2011 is annexed, wherein, it is
stated that the condition of his mother is not good.
2.0 Rule.
Learned Additional Public Prosecutor Mr. Pandya waives service of
process of Rule.
3.0 Learned
Additional Public Prosecutor invited the attention of the Court to
the Jail Remarks. The applicant – convict has enjoyed two
Furloughs, one in the year 2008 and another in the year 2010 and
every time he reported in jail in time. The applicant –
convict has undergone imprisonment of 050 years, 05 months and 19
days as on 10th May 2011. Nothing adverse is noticed
against the convict in the Jail Remarks.
4.0 Having
regard to the facts and circumstances of the case, the application is
allowed. The applicant – convict is ordered to be released on
Temporary Bail for a period of 30 days from the date of
his release, on his executing a personal bond of Rs.5,000/-
(Rupees Five Thousand only) to the satisfaction of the jail
authorities.
4.1 The
applicant – convict shall surrender to the jail authorities on
expiry of the Temporary Bail period.
4.2 Rule
is made absolute to the aforesaid extent.
[
Ravi R. Tripathi, J. ]
[
P. P. Bhatt, J. ]
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