Gujarat High Court
Jaswantsinh@Jashu Maheshbhai Rajput ... vs State Of Gujarat & on 13 October, 2016
Author: Biren Vaishnav
Bench: Harsha Devani, Biren Vaishnav
R/CR.MA/25775/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 25775 of
2016
In CRIMINAL APPEAL NO. 1748 of 2012
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JASWANTSINH@JASHU MAHESHBHAI RAJPUT THRO-SURAJSINH
LALLUSINH RAJPUT....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR SANDIP M PATEL, ADVOCATE 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 : 13/10/2016
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE BIREN VAISHNAV)
1. Rule. Ms. Nisha Thakore, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondents. Heard Mr. N.O. Bloch, learned advocate for Mr. Sandip Patel, learned advocate for the applicant and Ms. Nisha Thakore, learned Additional Public Prosecutor for the respondents.
2. This application has been filed by the applicant - convict seeking temporary bail for a period of 30 days. The cause put Page 1 of 3 HC-NIC Page 1 of 3 Created On Fri Oct 14 02:18:50 IST 2016 R/CR.MA/25775/2016 ORDER forth by the applicant in his application is that the applicant's wife is required to undergo Hysterectomy.
3. Today Mr. Bloch, learned advocate for the applicant has tendered an additional affidavit bringing on record the fact that the applicant's brother, Sudamasinh Maheshsinh Rajput has expired on 12.10.2016. The perusal of the jail record reveals that the applicant has undergone imprisonment for a period of 10 years, 5 months and 26 days. In view of the period of incarceration and in view of the genuineness of the cause stated in the application, the court is 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 fifteen days 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. Direct service is permitted.
(HARSHA DEVANI, J.)
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R/CR.MA/25775/2016 ORDER
(BIREN VAISHNAV, J.)
divya
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