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CR.MA/6330/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISCELLANEOUS APPLICATION NO. 6330 OF 2008
In
CRIMINAL
APPEAL NO. 1687 OF 2005
======================================
RAJU
RAMANBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & ANR. - Opponent(s)
======================================Appearance
:
Through Jail for
Applicant(s).
Mr. R. C. Kodekar, APP
for
Opponent(s).
======================================
CORAM
:
HONOURABLE
MR.JUSTICE R.H.SHUKLA
Date
: 19/05/2008
ORAL
ORDER
Rule.
Mr.
R. C. Kodekar, learned Additional Public Prosecutor, waives service
of notice of Rule on behalf of the opponent? State of Gujarat.
2. Having
regard to the facts of the case, the application is taken up for
hearing today.
3. The
applicant ? convict prisoner has been convicted for the offence
punishable under Sections 376 and 201 of the Indian Penal Code vide
judgement and order dated 16/06/2005 passed by the Additional
Sessions Court, Mehsana in Sessions Case No.68 of 2005 and has been
sentenced to imprisonment for life. The applicant has filed the
present application for grant of temporary bail through jail for a
period of 30 days on the ground of treatment of his wife, as stated
in the application.
4. This
Court has gone through the application and supporting documents that
form part of the application and has considered the submissions
advanced by Mr. R. C. Kodekar, learned Additional Public Prosecutor
for the opponent ? State of Gujarat. This Court has also gone
through the jail remarks sheet submitted by the learned Additional
Public Prosecutor.
5. It
transpires from the jail remarks sheet that the applicant-convict
prisoner has undergone the sentence for about three years and has
been released on temporary bail from 29/11/2007 to 13/12/2007.
However, in view of the reason mentioned in the application, which is
supported by the medical certificate of Akash Eye Hospital, this
Court is of the opinion that interest of justice would be served if
the applicant is released on temporary bail for a period of 15 days
from the date of his actual release.
6. For
the foregoing reasons, the application succeeds in part.
Accordingly, it is partly allowed. The applicant ? convict prisoner
? Rajubhai Ramanbhai is ordered to be released on temporary bail
for a period of 15 days from the date of his actual release on
executing a personal bond of Rs.5,000/- before the jail authority on
usual terms and conditions. The applicant shall surrender to the jail
authority on completion of 15 days from the date of his release
without fail. During the period of temporary bail, the applicant
shall not abuse the liberty granted to him and shall maintain law and
order. Rule is made absolute accordingly to the aforesaid extent.
[R.
H. Shukla, J.]
kamlesh*
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