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Supreme Court - Daily Orders

Mohd. Hanif @ Pakitwala A.B.Sheikh Etc. vs State Of Gujarat on 21 July, 2014

Ö    ITEM NO.51                                     COURT NO.6                     SECTION IIB

                                        S U P R E M E C O U R T O F           I N D I A
                                                RECORD OF PROCEEDINGS

    CRLMP Nos. 8019-8021/2014 & 13334-13336/2014 in Criminal Appeal
    No(s). 1728-1730/2011

    MOHD. HANIF @ PAKITWALA A.B.SHEIKH ETC.                                        Appellant(s)

                                                          VERSUS

    STATE OF GUJARAT                                                               Respondent(s)

    (For bail and office report)

    Date: 21/07/2014 These applications were called on for hearing
    today.

    CORAM :
                                   HON’BLE MRS. JUSTICE RANJANA PRAKASH DESAI
                                   HON’BLE MR. JUSTICE N.V. RAMANA

    For Appellant(s)
                                             Ms.   Kamini Jaiswal, Adv.
                                             Mr.   Mrigank Prabhakar, Adv.
                                             Mr.   Khalid Shaikh, Adv.
                                             Mr.   Ejaz Maqbool ,Adv.
                                             Mr.   Faraz Maqbool, Adv.
    For Respondent(s)
                                             Mr.   Tushar Mehta, ASG
                                             Ms.   Hemantika Wahi ,Adv.
                                             Ms.   Puja Singh, Adv.
                                             Ms.   Preeti Bhardwaj, Adv.

                           UPON hearing the counsel the Court made the following
                                                 O R D E R

The appellant is convicted by the Special Judge, POTA , Ahmedabad for the offence punishable under Section 3 (1) of POTA and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs.5000/-. The High Court has enhanced the sentence of the appellant to life imprisonment.

The appellant’s appeal is pending in this Court. It is stated Signature Not Verified in the application that the appellant is in custody for about Digitally signed by Vishal Anand Date: 2014.07.23 eleven years. 14:15:55 IST Reason: In CRLMP Nos. 8019-8021/2014, the appellant has prayed for temporary bail to settle his four school-going children aged 19, -2- 18, 16 and 13 years respectively. The appellant’s wife is dead.

We have heard Mr. Tushar Mehta, learned ASG appearing for the State of Gujarat.

In the circumstances of the above, we inclined to grant temporary bail for a period of one month to the appellant.

Hence, appellant - MOHD. HANIF @ PAKITWALA A.B.SHEIKH, is ordered to be released on temporary bail for a period of one month in the sum of Rs.50,000/- with one or two sureties to make up the amount. While on bail, the appellant shall report to Detection of Crime Branch Police Station, Ahmedabad once in a week. Needless to say that after completion of the period of one month, the appellant shall surrender to the prison.

Needless to say that period of one month shall start running from the date of appellant’s release on bail.

The Criminal Miscellaneous Petition Nos.8019-8021/2014 are disposed of in the afore-stated terms.

      (VISHAL ANAND)                                      (INDU POKHRIYAL)
       COURT MASTER                                         COURT MASTER