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CR.MA/8253/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8253 of 2008
In
CRIMINAL
APPEAL No. 749 of 2003
======================================
BHAVALU
KASHIRAM
Versus
STATE
OF GUJARAT AND ANOTHER
======================================
Appearance
:
THROUGH JAIL for Applicant.
MR
SP HASURKAR, APP for
Respondents.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 03/07/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE KS JHAVERI)
Rule.
Learned APP, Mr.S.P.Hasurkar waives service of rule on behalf of the
respondents.
This
application has been sent by the convict prisoner through jail
authority, wherein he has prayed for temporary bail for a period of
60 days mainly on the ground of helping his family economically. In
support of his application, the applicant has also produced a
certificate given by Sarpanch, Gram Panchayat Virkshetra, Kaprada,
Valsad.
Jail
record shows that the convict has undergone more than five years of
sentence. In past, he has been released on temporary bail once and
has enjoyed furlough leave twice. At that time, he reported in time
without misusing his liberty. Looking to the facts and circumstances
of the case, the convict is required to be released on temporary
bail.
Under
the circumstances, the application is partly allowed and the
convict prisoner is ordered to be released on temporary bail for a
period of 20 (Twenty) Days from the date of his
release on his executing a personal bond in the sum of Rs.5,000/-
(Rupees Five Thousand only) before the jail authority.
He
shall surrender before the Jail Authority immediately after the
aforesaid period is over.
Rule
is made absolute to the aforesaid extent.
(R.P.DHOLAKIA,
J.) (K.S.JHAVERI, J.)
/malek
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