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CR.MA/11990/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11990 of 2010
In
CRIMINAL
APPEAL No. 1035 of 2009
=========================================================
SANJAYKUMAR
LAXMANBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KP RAVAL, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
RULE NOT RECD BACK for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 27/10/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application has been preferred by the applicant-convict for
releasing him on temporary bail on the ground that he wants to take
treatment of heart problem.
Pursuant
to the order passed by this Court, learned APP was to report to this
Court as to whether he is suffering from any valve problem of heart
and whether surgery is required to be performed or not. Today, report
has been submitted for examination of convict on 25.10.2010 and as
per the doctor, convict has been advised only medicines for three
months.
Under
these circumstances, the ground is not genuine, therefore,
application does not deserve to be granted.
We
may record that the ground is not found to be genuine and if the
merits are considered, it would not be a case for suspension of
sentence imposed under Section 302 of Indian Penal Code for life
imprisonment. Therefore, the present application is rejected. Rule is
discharged.
[JAYANT
PATEL, J.]
[H.B.
ANTANI, J.]
pirzada/-
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