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CR.MA/5585/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5585 of 2011
In
CRIMINAL
APPEAL No. 362 of 2007
=========================================================
SANJAY
@ SHIVO BABULAL - Applicant(s)
Versus
STATE
OF GUJARAT & 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
: 25/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The
present application is filed through jail seeking temporary bail for
a period of 25 days for ‘Babri’ of the son of the applicant-convict.
2. RULE.
Mr.Kartik Pandya, learned Additional Public Prosecutor waives
service of Rule on behalf of the respondent-State.
3. Learned
APP invited attention of the Court to the jail remarks and submitted
that in the year 2007, when he was released on furlough, he had
absconded for 177 days and was lodged back in jail only after he was
arrested by the police. However, he explained the same by saying
that as the economic condition of the family was bad and his mother
was not keeping well, he did not surrender in jail in time.
3.1 Thereafter,
he has enjoyed 6th furlough from 25.12.2010 to 07.01.2011.
There are as many as 3 jail punishments.
4. Taking
into consideration the fact that he has undergone 9 years, 5 months
and 21 days as on 18.04.2011, the application requires consideration.
The application is allowed. The applicant-convict is ordered to be
released on temporary bail for a period of 10 days from the date of
his release in Criminal Appeal No.362 of 2007 pending before this
Court, on his executing a personal bond of Rs.5,000/- (Rupees Five
Thousand Only) to the satisfaction of the Jail authorities.
5. The
applicant 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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