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CR.MA/11010/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11010 of 2008
In
CRIMINAL
APPEAL No. 1241 of 2006
==========================================
FULCHAND
RAMESHWAR
Versus
STATE
OF GUJARAT & ANOTHER
==========================================
Appearance
:
THROUGH JAIL for Applicant
MR
LB DABHI APP for
Respondents
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 29/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.R.VORA)
RULE.
Learned APP Mr.L.B.Dabhi waives service of rule on behalf of the
respondents.
This application is
preferred, through jail, by the convict-prisoner for releasing him
on temporary bail for a period of 30 days on the ground to repair
his house. It is stated that in his family, there are aged parents
and his family stays in a house in dilapidated condition.
The present applicant
was convicted for the offence punishable under Section 376 of the
Indian Penal Code and was sentenced to undergo imprisonment of ten
years and to pay fine. It is alleged by the prosecution against the
accused that he had committed a rape upon a girl of 19 years and
mentally retarded.
The present applicant
was released on furlough from 20.04.2008 to 03.05.2008 and he could
have repaired the house during that period.
In view of the above,
this application stands dismissed. Rule is discharged. Registry is
directed to place the copy of this order whenever the present
applicant files any application for bail.
[J.
R. VORA,J.] [J. C. UPADHYAYA,J.]
vijay
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