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CR.MA/13229/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13229 of 2011
In
CRIMINAL
APPEAL No. 1808 of 2010
=========================================================
SANJAYSINH
CHANDRASINH RAJ - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KARTIK PANDYA, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 27/09/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
The petitioner has
sought temporary bail for 30 days for helping his aged mother. The
application is supported by a certificate of Nanasanja Gram
Panchayat, Village Nanasanja, Taluka Zaghadia, District Bharuch, and
the certificate is signed by Deputy Sarpanch and Talati-cum-Mantri
of the Gram Panchayat. Same kind of certificate dated 25.7.2011
signed by Talati-cum-Mantri and Sarpanch stated that the
applicant has in his family a younger brother and the revenue record
attached to the earlier application being Criminal Misc.Application
No.11298 of 2011 showed the names of several other brothers as
co-owners of the agricultural land, and even earlier application
made in May 2011 for temporary bail was made for selling the land
and it was rejected on the ground that, he enjoyed temporary bail in
the month of March 2011 to attend the marriage of his nephew. From
the overall record and the application of the applicant, it clearly
appears that he is making false and fabricated statements in the
application and seeks support of certificates of the Gram Panchayat,
which are couched in convenient terms.
Therefore, the
application is rejected with the observation that, the certificates
issued by any authority, more particularly by any official or office
bearers of Nanasanja Gram Panchayat, have to be viewed with serious
suspicion in the future.
(D.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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