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CR.MA/10139/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10139 of 2008
In
CRIMINAL
APPEAL No. 1891 of
2006
=========================================================
SIKANDER
IBRAHIMBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for Applicant(s)
: 1,
MR KP RAVAL ASST. PUBLIC PROSECUTOR for
Respondents.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 05/08/2008
ORAL
ORDER
1. By
way of this application through jail, the applicant-convict has
prayed to release him on interim bail for a period of sixty days on
the ground of treatment of his ailing wife.
2. Heard.
I have perused the relevant record. The convict is sentenced to
undergo imprisonment for seven years for the offence punishable under
Section 376 of the I.P.C.. From the record it transpires that on the
very same ground, the convict had preferred an application being
Criminal Misc. Application No. 8321 of 2008. In connection with the
said application when the opinion of the police authority was sought,
it was found that the wife of the convict was neither suffering from
any disease nor she was undergoing any treatment, and hence, no
medical certificate was produced along with that application. In the
said police report, the wife of the convict also stated that her
health is in good condition and her two daughter are staying with
her, and hence, the presence of her husband i.e. the
convict-applicant, herein, is not required. In view of the above,
while preferring the present application, The convict has produced
medical Certificate of his wife.
3. Taking
into consideration, the aforesaid aspects, the application deserves
to be rejected and the same is rejected.
(M.D.
Shah,J.)
Umesh/
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