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CR.MA/5309/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5309 of 2011
In
CRIMINAL
APPEAL No. 73 of 2006
=================================================
SHAUKATHUSSAIN
HAJIBHAI - 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 RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 27/04/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed by the convict through Jail seeking
temporary bail for a period of 25 days for the purpose of ‘Akeeka’
and ‘Quran-khani’
of his daughter, named, Seema and his son, named, Aman.
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 sections 364(A), 387, 365 and 120B of the
Indian Penal Code to suffer imprisonment for life with fine of
Rs.16,000/-, in default to further undergo imprisonment for 1 year as
awarded by the learned City Sessions Judge, Court No.13, Ahmedabad in
Sessions Case No.61 of 2003.
4. The learned
APP has invited attention of the Court to the Jail remarks. In 2007
when the convict was on temporary bail for 7 days, he had absconded
and was lodged back in Jail after being arrested by the Police.
Thereafter, he was released for 3 days on the occasion of marriage of
his daughter. Thereafter, he has enjoyed furlough and every time he
has reported in time.
5. Taking into
consideration the contents of the application and the record of the
convict, the convict is ordered to be released on temporary
bail for a period of 10 (ten) 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
applicant/ convict shall surrender himself to the Jail authorities on
expiry of the above temporary bail period. The application is
allowed. Rule is made absolute.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
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