Gujarat High Court
Mohammad Rafiq @ Babu @ Buch Inayat Ali ... vs State Of Gujarat & on 8 September, 2016
Author: Biren Vaishnav
Bench: Harsha Devani, Biren Vaishnav
R/CR.MA/22194/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 22194 of
2016
In CRIMINAL APPEAL NO. 423 of 2014
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MOHAMMAD RAFIQ @ BABU @ BUCH INAYAT ALI MEV....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS NISHA THAKORE, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 08/09/2016
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE BIREN VAISHNAV)
1. Heard Ms. Nisha Thakore, learned Additional Public Prosecutor of the respondents.
2. This application has been filed by the applicant - convict through jail seeking temporary bail for a period of 30 days in order to avail of medical treatment for his father.
3. Pursuant to our earlier order dated 06.09.16, Ms. Nisha Thakore, learned Additional Public Prosecutor has placed on record the statement of the applicant which confirms the fact Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Sep 09 02:28:58 IST 2016 R/CR.MA/22194/2016 ORDER that the applicant's father is suffering from Paralysis. The perusal of the jail record reveals that the applicant has undergone sentence of 06 years, 03 months and 13 days and has availed of temporary bail on two occasions. Looking to the jail record and the averments made in the application, we are inclined to exercise discretion in favour of the applicant.
4. 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 three weeks from the date of his release upon his executing a bond in the sum of Rs. 5000/- (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. Rule is made absolute accordingly.
(HARSHA DEVANI, J.) (BIREN VAISHNAV, J.) divya Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Sep 09 02:28:58 IST 2016