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CR.MA/3609/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3609 of 2011
In
CRIMINAL
APPEAL No. 1643 of 2010
=================================================
VISHAL
PUSHKARRAY - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=================================================
Appearance
:
THROUGH
JAIL for Applicant(s) : 1,
Mr.J.K. SHAH, 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
: 17/03/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed seeking temporary bail for a period of
45 days so as to attend his ailing mother. The applicant’s mother is
having some mental disturbance coupled with thyroid an hypertension
2. Rule.
Mr.J.K. Shah, learned Additional Public Prosecutor waives service
of rule on behalf of the respondent-State. The learned APP invited
attention of the Court to the Jail remarks.
3. The
applicant- appellant- original accused has been convicted for the
offences punishable under section 302 of the IPC and section 135 of
the Bombay Police Act to suffer imprisonment for life with fine of
Rs.3000/-, in default, to undergo a further sentence of 1 month by
the learned Judge, Fast Track Court No.3, Ahmedabad on 29.08.2009 in
Sessions Case No.16 of 2008.
4. The
applicant- appellant- convict has been in Jail for 3 years, 2 months
and 18 days as on 10.03.2011. He had once enjoyed temporary bail in
August-September 2010.
5. For the
contents of the application and taking into consideration the medical
papers accompanying with this application, the application is
allowed. The applicant- convict is ordered to be released on
temporary bail for 45 (forty five) 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 shall surrender himself to the Jail authorities on expiry
of the above temporary bail period. Rule is made absolute.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
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