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CR.MA/4529/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4529 of 2011
In
CRIMINAL
APPEAL No. 1958 of 2010
======================================================================
SURESH
RAMANBHAI - Applicant(s)
Versus
STATE
0F GUJARAT & 1 - Respondent(s)
=====================================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR JK SHAH, APP for Respondent(s) : 1,
RULE
NOT RECD BACK for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 08/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Rule was issued on
01.04.2011 returnable today, i.e. 08.04.2011. Learned APP was asked
to find out the details of the other family members of the convict,
because in the application, it is specifically mentioned that, “I,
the applicant, is resident of village Ajiri (sic-Ajali), Tal.
Sankheda, Dist. Vadodara. I, the applicant, is member of Adivasi and
poor family. In my family, only other was there and I am the only
child of my mother. In my family, there is nobody. My mother
expired on 17.03.2011 and I am required to perform all religious
rituals including that of ‘Asthi Visarjan'”.
(emphasis supplied)
2. On account of these
averments, Rule was issued and learned APP was required to find out
the details of his family members.
2.1 In a statement
which is recorded by the jail authorities, it is mentioned by the
convict that, “In my family, I have one real brother, named
Chandu @ Mukesh Ramanbhai aged 14 years and four sisters, who are
married”. The names of the sisters are mentioned. Besides
that, it is mentioned that, “In his family, one uncle (father’s
brother) aged 45, named Jivanbhai Khalpabhai is there”.
3. Only on account of
mentioning incorrect facts in the application praying for temporary
bail, the application is rejected. Rule is discharged.
The authorities are
directed to inform about this order not only to the applicant-convict
but also to the others that application containing incorrect
averments will not be entertained by the High Court.
(Ravi
R.Tripathi, J.)
(P.P.Bhatt,
J.)
*Shitole
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