Gujarat High Court
Anil @ Natho Rameshbhai Pansuriya ... vs State Of Gujarat & on 8 August, 2016
Author: Biren Vaishnav
Bench: Harsha Devani, Biren Vaishnav
R/CR.MA/15391/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 15391 of 2016
In CRIMINAL APPEAL NO. 1469 of 2014
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ANIL @ NATHO RAMESHBHAI PANSURIYA (PATEL)....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MS.YOGINI H UPADHYAY, ADVOCATE for the Applicant.
MR HIMANSHU PATEL, ADDITIONAL PUBLIC PROSECUTOR for the
Respondents.
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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 08/08/2016
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE BIREN VAISHNAV)
1. Rule. Mr. Himanshu Patel, learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondents.
2. This application has been filed by the applicant convict seeking regular bail. The cause put-forth in the application seeking regular bail is that the applicant wants to stay with his old parents and help the family members.
3. Heard Ms. Yogini H. Upadhyay, learned advocate for the Page 1 of 3 HC-NIC Page 1 of 3 Created On Tue Aug 09 04:07:49 IST 2016 R/CR.MA/15391/2016 ORDER applicant and Mr. Himanshu Patel, learned Additional Public Prosecutor for the respondents.
4. On perusal of the jail record of the applicant convict, it appears that the applicant has undergone seven years, two months and six days imprisonment. Having regard to the facts and circumstances of the case, we are not inclined to exercise discretion in favour of applicant to grant him regular bail. However, looking to the fact that the applicant has undergone more than seven years imprisonment, the main appeal being Criminal Appeal No. 1469 of 2014 is fixed for final hearing in the week commencing from 19th September, 2016.
5. In the aforesaid facts and circumstances of the case, we are inclined to exercise discretion in favour of the applicant to grant him temporary bail for a period of thirty days. 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 thirty (30) days from the date of his release on his furnishing a bond in the sum of Rs.5,000/- (Rupees five thousand only) to the satisfaction of the jail authorities and on usual terms and conditions. Upon completion of the period of temporary bail, the applicant shall forthwith surrender before the jail authorities. Rule is made absolute to the aforesaid extent.
(HARSHA DEVANI, J.)
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R/CR.MA/15391/2016 ORDER
(BIREN VAISHNAV, J.)
syed/
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