Gujarat High Court
Dalapabhai vs State on 25 April, 2011
Author: R. Tripathi
Bench: Ravi R.Tripathi
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CR.MA/5634/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5634 of 2011
In
CRIMINAL
APPEAL No. 240 of 2006
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DALAPABHAI
JETHABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
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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
: 25/04/2011
ORAL
ORDER (Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed through Jail seeking temporary bail for a period of 21 days on the occasion of the marriage of the daughter of the son of his brother.
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 offences punishable under sections 302, 148 and 143 of the IPC to suffer imprisonment for life, with fine of Rs.250/-, in default to further undergo imprisonment for 15 days by the learned Additional Sessions Judge, Sessions Court, Godhra in Sessions Cases No.142 of 2002, 66 of 2003 and 256 of 2003.
4. The learned APP has made available the Jail record and invited attention of the Court to the Jail remarks. The convict had earlier enjoyed furlough on 5 occasions, temporary bail twice and parole thrice; and on each and every occasion he had reported in time. He has undergone 8 years, 9 months and 8 days in Jail as on 20th April 2011.
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 two weeks 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