Gujarat High Court
Chandubhai @ Dharmendrabhai Raijibhai ... vs State Of Gujarat & on 2 March, 2016
Author: Harsha Devani
Bench: Harsha Devani, G.R.Udhwani
R/CR.MA/5371/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 5371 of
2016
In CRIMINAL APPEAL NO. 1095 of 2014
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CHANDUBHAI @ DHARMENDRABHAI RAIJIBHAI TADVI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS MAITHILI MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
and
HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 02/03/2016
ORAL ORDER
(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)
1. Rule. Ms. Maithili Mehta, learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondents.
2. By this application, which has been filed through the jail authorities, the applicant-convict seeks temporary bail for a period of 20 days for the purpose of the betrothal ceremony of his daughter Sapna.
3. Heard Ms. Maithili Mehta, learned Additional Public Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Mar 04 02:01:49 IST 2016 R/CR.MA/5371/2016 ORDER Prosecutor for the respondents.
4. A perusal of the jail record of the applicant reveals that he has undergone more than five years of imprisonment. During the entire period, he has availed of temporary bail only on one occasion in the months of January, February, 2015. Having regard to the period undergone and the fact that the applicant has availed of temporary bail only on one occasion, the court is inclined to exercise discretion in favour of the applicant.
5. The application, therefore, partly succeeds and is, accordingly, allowed to the following extent :
The applicant-convict is ordered to be enlarged on temporary bail for a period of fifteen days from the date of his release upon his executing a bond in the sum of Rs.5,000/- (rupees five thousand) to the satisfaction of the jail authorities on the usual terms and conditions. Upon completion of the period of temporary bail, the applicant shall forthwith report to the jail authorities.
6. Rule is made absolute accordingly.
(HARSHA DEVANI, J.) (G.R.UDHWANI, J.) parmar* Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Mar 04 02:01:49 IST 2016