Gujarat High Court
Dineshbhai vs State on 23 January, 2012
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
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CR.MA/664/2012 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 664 of 2012
In
CRIMINAL
APPEAL No. 1268 of 2006
=========================================================
DINESHBHAI
SAGRAMBHAI KHATANA (RABARI) - THRO' KAILASBEN - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
JAYSHREE C BHATT for
Applicant(s) : 1,MRMPSHAH for Applicant(s) : 1,MS. KRUTI M SHAH for
Applicant(s) : 1,
Mr.K.C. KODEKAR, ADDL PUBLIC PROSECUTOR for
Respondent(s) : 1,
NOTICE NOT RECD BACK for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 23/01/2012
ORAL
ORDER (Per : HONOURABLE MR.JUSTICE RAVI
R.TRIPATHI) The present application is filed by the convict through his wife-Kailasben seeking temporary bail for a period of 30 days as his son is going to be operated for appendicitis.
2. RULE.
Mr.R.C. Kodekar, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
3. The learned APP has made available statement recorded of Dr.Babubhai Ukadbhai Sadadivala, Divyesh Surgical Hospital, Ex-Surgeon/ Superintendent, Referral Hospital, Vyara, N.R. Reference Hospital, Mandvi.
4. The applicant- convict- original accused has been convicted for the offences punishable under sections 302, 120(B) and 34 of the Indian Penal Code to undergo imprisonment for life with fine of Rs.5000/-, in default to pay fine, to further undergo rigorous imprisonment for five months as awarded vide judgement and order dated 31st March 2006 by the learned Presiding Officer, 6th Fast Track Court, Surat in Sessions Case No. 93 of 2004. He has undergone 7 years, 10 months and 20 days as on 19.01.2012. During this imprisonment he has enjoyed temporary bail on five occasions, furlough on two occasions and parole on four occasions. Lastly, he got temporary bail for a period of 75 days during May - July 2011. Every occasion he had reported in time. There is nothing adverse noted in the Jail remarks.
5. For the contents of the application, the same is allowed. The convict is ordered to be released on temporary bail for a period of two weeks from the date of communication of this order on his executing a personal bond of Rs.5000/- (Rupees five thousand only) to the satisfaction of the Jail authorities.
6. The convict shall surrender himself to the Jail authorities on expiry of the above temporary bail period. The application is allowed. Rule is made absolute. A copy of this order be communicated to the Jail authorities by fax in addition to direct service having regard to the fact that operation of the convict's son is fixed on 25th January 2012. Direct service is permitted.
(RAVI R. TRIPATHI, J.) (G.B. SHAH, J.) karim Top