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CR.MA/6348/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6348 of 2011
In
CRIMINAL
APPEAL No. 797 of 2006
=========================================================
ROHAN
RAJARAM - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL 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
: 13/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE P.P.BHATT)
1. The
present application is filed through jail seeking temporary bail for
a period of 30 days so as to provide financial assistance to the
family. The applicant-convict has stated in his application that his
wife is not keeping good health. He has produced letter of the wife
and medical certificate in support of the application.
2. Rule
was issued on 09.05.2011 returnable on 12.05.2011.
3. Learned
APP invited attention of the Court to the jail remarks. On perusal
of the same, it appears that by now, the convict has undergone 6
years, 3 months and 29 days imprisonment. The convict has enjoyed
two furloughs. At the time of second furlough, he remained absconded
for 1174 days, for which he has given explanation which is also
mentioned in the jail remarks. Learned APP also produced statement
of the convict recorded on 10.05.2011, wherein he has stated about
his family circumstances and also stated that if he will be released
on temporary bail, he can pay attention to the wife’s treatment and
also make efforts to see that compromise is arrived at between his
parents so that his wife can be placed at the parental house. It
also appears that after 2009, he has not enjoyed any leave.
4. For
the contents of the application, 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.
Looking
to the incident of absconding for 1174 days, it is directed that the
convict shall mark his presence to the nearest Police Station between
08.00 am to 12.00 pm on every Monday.
5. The
convict shall surrender to the Jail authorities on expiry of the
temporary bail period.
6. Rule is made
absolute.
(Ravi
R.Tripathi, J.)
(P.P.Bhatt,
J.)
*Shitole
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