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CR.MA/15474/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15474 of 2011
In
CRIMINAL
APPEAL No. 3144 of 2008
=========================================================
SURENDRA
SATYAPRAKASH GUPTA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KP RAVAL, APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 16/11/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
1. Rule. Learned APP waives
service.
2. The applicant –
convict who vide judgment and order dated 8/10/2008 rendered by the
Ld. City Sessions Judge, Court No. 12, Ahmedabad, in Sessions Case
No. 197 of 2007 has been convicted for the offences punishable under
sections 304, 498-A etc., of the IPC and sentenced to undergo
imprisonment for 10 years and fine, has forwarded present
application through jail seeking temporary bail for period of 21 days
on the ground of marriage of his niece.
3. The jail remark sheet
forwarded with the application by the jail authority reveals that the
applicant convict has undergone 4 years and 6 months in jail. It
further transpires that the applicant convict has enjoyed temporary
bail on two occasions and furlough leave on two occasions and on all
occasions, he surrendered in time before the jail authority.
4. Considering the facts
and circumstances of the case, the application is allowed in part.
The applicant convict is ordered to be released on temporary bail
for the period from 27/11/2011 to 04/12/2011, upon furnishing
personal bond in the sum of Rs.5,000/- [Rupees five thousand only]
before the jail authority on usual terms and conditions. After expiry
of the temporary bail period, the applicant – convict shall
surrender before the concerned jail authority immediately.
5. Rule is made absolute
accordingly.
(D.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
*
Pansala.
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