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CR.MA/6529/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6529 of 2011
In
CRIMINAL
APPEAL No. 682 of 2004
=================================================
SHANKARBHAI
@ PAGALGIR SHIVCHARAN GANESHBHAI PUROHIT - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=================================================
Appearance
:
MR
NA SHAIKH for Applicant(s) : 1,
Mr.KARTIK PANDYA, ADDL PUBLIC
PROSECUTOR for Respondent(s) : 1,
None for Respondent(s) :
2,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 11/05/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed by the applicant-convict seeking
temporary bail for a period of one month so as to attend the marriage
of son of the applicant-convict. The marriage is scheduled on 23rd
May 2011; the ancillary functions getting commenced from 21st
May 2011. The application is affirmed by brother in law of the
convict (sister’s husband).
2. RULE.
Mr.Kartik Pandya, learned Additional Public Prosecutor waives
service of rule on behalf of the respondent-State.
3. The
applicant- appellant- original accused has been convicted for the
offences punishable under section 302 of the Indian Penal Code to
undergo imprisonment for life with fine of Rs.500/-, in default to
further undergo imprisonment for 25 days, as awarded vide judgement
dated 13th February 2004 in Sessions Case No.25 of 2003 by
the learned Additional Sessions Judge, Bharuch.
4. The learned
APP has invited attention of the Court to the Jail remarks. The
convict has undergone 8 years, 2 months and 29 days in Jail as on
8th May 2011. The convict had enjoyed furlough on four
occasions. On each occasion he had reported in time.
5. For the
contents of the application, the same is allowed. The convict is
ordered to be released on temporary bail for a period of 30
(thirty) days from the date of his release on his executing a
personal bond of Rs.5000/- (Rupees five thousand only) to the
satisfaction of the Jail authorities.
6. The convict
shall surrender himself to the Jail authorities on expiry of the
above temporary bail period. The application is allowed. Rule is
made absolute. Direct service is permitted.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
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