Gujarat High Court
Patel Rameshbhai Kanjibhai Thro' Patel ... vs State Of Gujarat & 2 on 23 December, 2014
Bench: M.R. Shah, R.D.Kothari
R/CR.MA/21308/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO.
21308 of 2014
In
CRIMINAL APPEAL NO. 1 of 2012
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PATEL RAMESHBHAI KANJIBHAI THRO' PATEL DAXABEN
RAMESHBHAI....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
PARTYINPERSON, PERSONAL CAPACITY for the Applicant(s) No. 1
MR JK SHAH APP for the Respondent(s) No. 1
MR KB ANANDJIWALA, SPL. PP for Respondent (s) No. 2
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 23/12/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. RULE. Mr. J.K. Shah, learned APP waives service of notice of rule on behalf of respondent no. 1 and Mr. K.B, Anandjiwala, learned Special Public Prosecutor waives service of notice of rule on behalf of respondent no. 2 - SIT. In the facts and circumstances of the case, the present application is taken up for final hearing today.
2. The present application has been preferred by the applicant - convict - Patel Rameshbhai Kanjibhai through his wife - Patel Daxaben Page 1 of 2 R/CR.MA/21308/2014 ORDER Rameshbhai to release the applicant - convict - Patel Rameshbhai Kanjibhai on temporary bail for agricultural activities and to cultivate land. It is stated that the father of the applicant is suffering from paralysis and there is nobody to look after the agricultural activities. Therefore, it will be very difficult for the family members to survive.
3. Heard the applicant - party in person and Shri J.K. Shah, learned APP appearing on behalf of the respondent - State and Shri K.B. Anandjiwala, learned Special PP for respondent no. 2 SIT. Considering the fact that earlier as and when the applicant - convict was released on temporary bail and/or parole leave, he has surrendered in time and in the facts and circumstances of the case, the applicant - convict - Patel Rameshbhai Kanjibhai is ordered to be released on temporary bail for a period of 15 days from the date of his actual release on his furnishing a personal bond of Rs.10,000/ (Rupees Ten Thousand only) on usual terms and conditions and on further condition that the applicant - convict shall surrender to the jail authority without fail on the 16th day from the date of his actual release.
4. With this, the present application stand disposed of. Rule is made absolute to the above extent.
Direct Service is permitted.
(M.R.SHAH, J.) (R.D.KOTHARI, J.) /phalguni/ Page 2 of 2