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CR.MA/4200/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4200 of 2010
In
CRIMINAL
APPEAL No. 358 of 2009
=========================================================
SANJAYKUMAR
HIRABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR LR PUJARI, APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 17/06/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
applicant-convict has preferred the present application for
temporary bail on the ground that he wants to have the operation
performed for his brother, who is physically handicapped.
Pursuant
to the earlier order passed by this Court, learned APP has received
the report and it has been reported by the medical officer that the
brother of the applicant convict, Arvindbhai Hirabhai Rathod, is
not under the treatment, nor any operation is fixed.
Under
these circumstances, no sufficient and reliable material is
available for any treatment of his fomentation or surgery of the
brother of the applicant.
Apart
from the above, it further appears that this matter was earlier
listed on 13.5.2010 and it was kept on 14.5.2010 and thereafter it
is taken up today. In the meantime, the applicant convict had
applied for temporary bail, which came to be granted for the period
from 12.6.2010 to 16.6.2010 on the ground of Babri
ceremony of his son and today the period is to expire and he has to
surrender before the concerned jail authority.
Keeping
in view the aforesaid facts and circumstances, the applicant
convict is, at this stage, not required to be released on temporary
bail and he shall be required to surrender before the concerned jail
authority.
The
application is disposed of accordingly. Rule discharged.
(Jayant
Patel, J.)
17.6.2010 (Z.
K. Saiyed, J.)
vinod
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