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CR.MA/4448/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4448 of 2011
In
CRIMINAL
APPEAL No. 748 of 2007
=================================================
SADHNABEN
RAJESHBHAI GAVIT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance
:
MS
SADHANA SAGAR for Applicant(s) : 1 - 2.MR GAJENDRA P BAGHEL for
Applicant(s) : 1 - 2.MRRUSHABHRSHAH for Applicant(s) : 1 - 2.
Mr.J.K.
SHAH, ADDL PUBLIC PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 13/04/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Leave
to amend Criminal Appeal Number wrongly incorporated in prayer clause
11(B).
2. The
present application is filed seeking regular bail during the pendency
of the Criminal Appeal. In the alternative the applicant has prayed
for expediting the Criminal Appeal. Taking into consideration the
fact that this is a successive application for temporary bail,
earlier application being Criminal Misc. Application No.9552 of 2009
having been rejected by this Court, no case is made out for grant of
regular bail. Learned APP Mr.J.K. Shah made available for perusal
the Jail remarks. The applicant- convict is undergoing life
imprisonment for the offence under sections 302 and 114 of the Indian
Penal Code awarded by the learned Additional Sessions Judge and
Presiding Officer, 2nd Fast Track Court, Valsad in
Sessions Case No.37 of 2006. The convict was arrested on 20th
February 2006 and till 12th March 2007, he was in Jail and
on 13th March 2007 he was convicted. By now the convict
has undergone 5 years and 21 days. He had enjoyed 2 furloughs in the
year 2010. As no case is made out for grant of regular bail, the
prayer for grant of regular bail is rejected. However, the
alternative prayer for expediting Criminal Appeal is granted.
Criminal Appeal No.748 of 2007 is expedited. The application is
disposed of in the above terms.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
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