Gujarat High Court
Amin vs State on 6 May, 2011
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
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CR.MA/5970/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5970 of 2011
In
CRIMINAL
APPEAL No. 2106 of 2008
=========================================================
AMIN
HASAMBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
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
: 06/05/2011
ORAL
ORDER (Per : HONOURABLE MR.JUSTICE RAVI
R.TRIPATHI) The present application is filed seeking temporary bail for a period of 60 days for the purpose of carrying out repairs. The convict is in Jail for the last 5 years and 9 months as on 25.04.2011. The convict has enjoyed temporary bail on three occasions and every time he has reported in time. He has enjoyed first furlough in 2009 and has reported in time. He has also enjoyed one parole in 2008 at the time of sad demise of his brother. In the application he has mentioned that his mother and father have already died; brother and brother's wife have also died. He is having his wife and 7 children and there are 8 children of his brother, who are to be looked after by him. There is a house in Village Jam Salaya, District Jamnagar which is required to be repaired so that his brother's children can be kept there. In support of his application certificate from Salaya Nagarpalika is enclosed.
2. RULE.
Mr.Kartik Pandya, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
3. The applicant- appellant- original accused has been convicted for the offences punishable under sections 302, 120B, 149, 147, 143 of IPC and section 135 of the Bombay Police Act, to suffer imprisonment for life with fine of Rs.11,500/-, in default to further undergo imprisonment for 1 year and 2 months as awarded vide judgement dated 15.05.2008 by the learned Additional Sessions Judge, Fast Track Court No.1, Khambhalia in Sessions Case No.82 of 2005.
4. The learned APP has invited attention of the Court to the Jail remarks. The convict has undergone 5 years and 9 months in Jail as on 25.04.2011. The convict had availed temporary bail thrice, furlough once and parole once. Every time he has reported in time.
5. Taking into consideration the contents of the application and the record of the convict, the convict is ordered to be released on temporary bail for a period of 40 (forty) 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. The application is allowed. Rule is made absolute.
(RAVI R. TRIPATHI, J.) (P.P. BHATT, J.) karim Top