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CR.MA/13417/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13417 of 2011
In
CRIMINAL
APPEAL No. 1003 of 2007
=========================================================
SHANTIJI
VIHAJI - 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
: 28/09/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Learned APP waives service.
The
applicant – convict who vide judgment and order dated
24.4.2007 rendered by learned Addl.City Sessions Judge, Ahmedabad in
Sessions Case No.349 of 2005 has been convicted for the offences
punishable under Sections 302 etc. of the IPC and sentenced to
undergo imprisonment for life with fine has forwarded this
application through jail authority seeking temporary bail for the
period of 45 days on the ground of constructing his house.
The
jail remarks sheet forwarded by the jail authority reveals that the
applicant – convict prisoner has undergone 6 years and 7
months in jail. It further
transpires that the applicant has enjoyed temporary bail once and
enjoyed furlough thrice, and he surrendered in time before the jail
authority. Along with this application, xerox copy of photograph of
his house is also annexed.
Considering
the facts and circumstances of the case, it is expedient to allow
the application.
The
application succeeds and is accordingly allowed. The applicant –
convict is ordered to be released on temporary bail for a period of
30 days from the date of his actual release, upon his furnishing
personal bond in the sum of Rs.5000/- (Rupees Five Thousand Only)
before the jail authority on usual terms and conditions. After the
period is over, the applicant shall surrender to the jail authority.
The applicant shall not take disadvantage of his liberty and shall
maintain law and order.
Rule
made absolute accordingly.
(D.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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