Gujarat High Court
Haresh vs State on 23 August, 2011
Author: R.Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
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CR.MA/5318/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5318 of 2011
In
CRIMINAL
APPEAL No. 1220 of 2009
=====================================================================
HARESH
NAGARBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=====================================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
RULE NOT RECD BACK for Respondent(s) :
2,
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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)
1. Learned APP made available for perusal communication dated 05.05.2011 from the Police Sub Inspector, Shahpur Police Station. Learned APP also produced for perusal statement of the convict recorded on 04.05.2011, wherein it is stated that he has two younger sisters, who are residing with his parents. The elder sister is already married and she is residing with her in-laws. It is further stated that one of his sisters when she was aged 12 years had an effect of paralysis and she became disabled and medical treatment is to be made available to this sister for the same. In support of the application, he has also enclosed a letter received from his sister.
2. Without going into the aspect as to whether any treatment can be made available to his sister, who became disabled when she was aged 12 years, what is required to be considered is that the convict is in jail for 5 years, 4 months and 21 days as on 12.04.2011 and he has not enjoyed any leave so far.
3. Learned APP states that though furlough leave was granted, he could not avail of the same because nobody came forward to be his surety.
4. 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 5 days with Police Escort at the cost of the State from the date of his release in Criminal Appeal No.1220 of 2009 pending before this Court, on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only) to the satisfaction of the Jail authorities.
5. The applicant shall surrender to the Jail authorities on expiry of the temporary bail period.
6. Rule is made absolute.
(Ravi R.Tripathi, J.) (P.P.Bhatt, J.) *Shitole Top