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CR.MA/8683/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8683 of 2011
In
CRIMINAL
MISC.APPLICATION No. 7890 of 2011
In
CRIMINAL MISC.APPLICATION No.
6457 of 2011
=========================================================
SAMIR
SIRAJBHAI PATHAN - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
Mr.HARSHIT
S TOLIA for
Applicant(s) : 1,PARTY-IN-PERSON for Applicant(s) : 1,MR PB
KHANDHERIA for Applicant(s) : 1,MRPARTHSTOLIA for Applicant(s) :
1,
Mr.JASHWANT K. SHAH, ADDL PUBLIC PROSECUTOR for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 24/06/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI
R.TRIPATHI)
The
present application is filed seeking extension of temporary bail for
30 days on the ground that wife of the applicant- convict is not
keeping good health. She was required to be admitted in Civil
Hospital and taking that into consideration this Court by order dated
10th June 2011 in Criminal Misc. Application No.7890 of
2011 had extended temporary bail by two weeks beyond the period of
temporary bail of 30 days granted vide initial order dated 6th
May 2011 in Criminal Misc. Application No.6457 of 2011.
2. RULE.
Mr.Kartik Pandya, learned Additional Public Prosecutor waives
service of rule on behalf of the respondent-State.
3. The learned
APP has invited attention of the Court to the Jail remarks.
Besides that the learned APP also made available for perusal earlier
a copy of order dated 6th May 2011. The applicant –
convict has undergone 7 years and 3 days in Jail as on 23.06.2011.
It was only in the year 2011 that the convict had enjoyed temporary
bail during May-June 2011, two furloughs during January-February 2011
and April-May 2011. In support of the contention that his wife is
not keeping good health, the convict has produced medical papers
along with earlier application, viz. Criminal Misc. Application
No.7890 of 2011.
4. Taking into
consideration the contents of the application the same is allowed.
Temporary bail extended earlier vide order dated 10th June
2011 in Criminal Misc. Application No.7890 of 2011 is further
extended for a period of 30 (thirty) days commencing from the
date of expiry of the temporary bail period granted vide above order
dated 10th June 2011.
5. The convict
shall surrender himself to the Jail authorities on expiry of the
extended period of temporary bail period. The application is
allowed. Rule is made absolute.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
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