Gujarat High Court
Jayeshbhai Nareshbhai Patel Thro' ... vs State Of Gujarat & on 13 January, 2015
Bench: Ravi R.Tripathi, R.D.Kothari
R/CR.MA/675/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 675
of 2015
In
CRIMINAL APPEAL NO. 802 of 2014
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JAYESHBHAI NARESHBHAI PATEL THRO' ALPABEN JAYESHBHAI
MARADIYA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
PARTYINPERSON, PERSONAL CAPACITY for the Applicant(s) No. 1
MS MOXA THAKKAR APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 13/01/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the applicant - convict through his wife - Alpaben Jayeshbhai Maradiya seeking temporary bail for a period of 45 days for the purpose of cultivation of agricultural land.
2. RULE. Ms. Moxa Thakkar, learned APP waives service of rule on behalf of the respondent - State.
3. Learned APP Ms. Moxa Thakkar was asked to submit the jail Page 1 of 3 R/CR.MA/675/2015 ORDER remarks afresh as in Column No. 14 though the period was mentioned of the temporary bail availed by the convict, the reason was not set out.
4. Learned APP Ms, Moxa Thakkar places on record, the rectified jail remarks. On perusal of the papers, it is noticed that in the month of April - May, 2014, the convict has availed parole leave for filing an appeal before the High Court and in the month of November, 2014 the convict had applied for temporary bail on account of paralysis of his father, but the said application was rejected, but thereafter, he had availed first furlough leave in the month of October - November, 2014. In the year, 2014, he has not availed any temporary bail and at present a certificate of Shri Chitravad Gram Panchayat is annexed, which shows that the cotton crop has failed and therefore, he wants some time so as to look after the agricultural operation. In support of the application, the Extracts of Village Form No. 7, 8A and 12 are annexed.
5. For the contents of the application, the same is allowed. The applicant - convict is ordered to be released on temporary bail for a period of 15 days from the date of his release on his executing a personal bond in the sum of Rs.5,000/ (Rupees Five Thousand only) to the satisfaction of the jail authorities.
6. The convict shall surrender to the jail authorities on expiry of the period of temporary bail.
7. Rule is made absolute.
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R/CR.MA/675/2015 ORDER
(RAVI R.TRIPATHI, J.)
(R.D.KOTHARI, J.)
/phalguni/
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