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CR.MA/11687/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11687 of 2010
In
CRIMINAL
APPEAL No. 1095 of 2007
=========================================
VINUBHAI
VIRSINGBHAI MUNIYA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
THROUGH
JAIL for the Applicant.
Ms. Chetna M.Shah, Additional PUBLIC
PROSECUTOR for the Respondents.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE VIJAY MANOHAR SAHAI
Date
: 29/10/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
Rule.
Ms. Chetna M. Shah, learned Additional Public Prosecutor appears and
waives service of notice of Rule on behalf of the respondent State of
Gujarat.
2. Having
regard to the facts of the case, the application is taken up for
hearing today.
3. By
filing the instant application, the applicant convict prisoner, who
vide judgment and order dated 8.3.2007 rendered in Sessions Case No.
403 of 2004 by the learned Additional Sessions Judge, Sessions Court,
Dahod has been convicted for the offence punishable under section 302
of the Indian Penal Code and sentenced to life imprisonment has
filed this application,through jail authority praying to enlarge him
on temporary bail for a period of 60 days to enable him to render
financial assistance to his family members who are starving and
difficult to survive on account of paucity of funds.
4. We
have gone through the application and the supporting documents that
form part of the application and have considered the submissions
advanced by Ms. Chetna M. Shah, the learned Additional Public
Prosecutor for the respondent State of Gujarat. We have also gone
through the jail remarks sheet forwarded by the jail authority.
5. Upon
perusal of the jail remarks sheet, we find that the applicant has
already undergone round about four years’ imprisonment. We have noted
that on earlier occasion, he was granted furlough leave for a period
of 14 days and he has surrendered himself in time. There is no jail
punishment. The conduct of the applicant in jail is good. In view of
the aforesaid, if the applicant is released on temporary bail for a
period of 15 days from the date of his actual release, the same would
meet the ends of justice.
6. For
the foregoing reasons, the application succeeds in part. Accordingly,
it is partly allowed. The applicant-convict prisoner Vinubhai
Virsingbhi Muniya is ordered to be released on temporary bail for
a period of 15 days from the date of his actual release on executing
a personal bond of Rs. 5,000/- before the jail authority on usual
terms and conditions. The applicant shall surrender to the jail
authority on completion of 15 days from the date of his release
without fail. During the period of temporary bail, the applicant
shall not abuse the liberty granted to him, and shall maintain law
and order.
7. Rule
is made absolute accordingly to the aforesaid extent.
(A.M.Kapadia,J)
(V.M.Sahai,J)
***vcdarji
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