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CR.MA/6451/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6451 of 2011
In
CRIMINAL
APPEAL No. 1887 of 2008
=========================================================
SELVAM
SHASHI RAJARAM - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
RULE NOT RECD BACK for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 13/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Rule
was issued on 10.05.2011 returnable on 13.05.2011. Learned APP was
asked to make available the latest medical report.
2. Learned
APP places on record communication dated 10.05.2011, wherein it is
stated that, “5. No improvement or detoriation is noticed up
till date in the condition of the patient”.
2.1 Learned
APP submitted that the convict is convicted for an offence under
Section 394 and 397 of the Indian Penal Code and Section 135 of the
Bombay Police Act. He is awarded 10 years’ R.I., of which he has
competed 5 years, 4 months and 24 days. He has not enjoyed any leave
so far.
4. For
the contents of the application, the application is allowed. The
applicant-convict is ordered to be released on temporary bail for a
period of 40 days from the date of his release, on his executing
a personal bond of Rs.5,000/- (Rupees Five Thousand Only) with one
surety of the like amount to the satisfaction of the Jail
authorities.
Taking
into consideration the fact that the convict is released for the
first time, it is directed that he shall mark his presence to the
nearest Police Station between 08.00 am to 12.00 pm on every Monday.
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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