Gujarat High Court
Somabhai vs State on 27 April, 2011
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
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CR.MA/5067/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5067 of 2011
In
CRIMINAL
APPEAL No. 670 of 2007
=================================================
SOMABHAI
GANESHBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=================================================
Appearance
:
THROUGH
JAIL for Applicant(s) : 1,
Mr.KARTIK PANDYA, ADDL PUBLIC
PROSECUTOR for Respondent(s) : 1,
None for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 27/04/2011
ORAL
ORDER (Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The present application is filed through Jail seeking temporary bail for 60 days so as to arrange financial assistance to the family.
It is set out in the application that the convict's father is suffering from paralysis and the convict has an 8 year old daughter. In support of the application a certificate from the Panchayat is enclosed.
2. RULE.
Mr.Kartik Pandya, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
3. The applicant- appellant- original accused has been convicted for the offence punishable under section 302 of the IPC to suffer imprisonment for life, with fine of Rs.5000/-, in default to further undergo imprisonment for 2 years as awarded by the learned Additional Sessions Judge, Vadodara in Sessions Case No.249 of 2005.
4. The learned APP has invited attention of the Court to the Jail remarks. The convict had enjoyed temporary bail from 8th to 20th February 2011. The convict had also enjoyed first and second furlough and parole for 30 days in 2007 for the purpose of filing appeal in the High Court. Every time he had reported back in time. The convict's Jail conduct is reported to be good.
5. Taking into consideration the contents of the application and the record of the convict, the convict is ordered to be released on temporary bail for a period of 30 (thirty) days from the date of his release on his executing a personal bond of Rs.5000/- (Rupees five thousand only) to the satisfaction of the Jail authorities.
6. The applicant shall surrender himself to the Jail authorities on expiry of the above temporary bail period. The application is allowed. Rule is made absolute.
(RAVI R. TRIPATHI, J.) (P.P. BHATT, J.) karim Top