Gujarat High Court
Ishwar vs State on 27 June, 2012
Bench: Ravi R.Tripathi, Paresh Upadhyay
Gujarat High Court Case Information System
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CR.MA/8045/2012 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8045 of 2012
In
CRIMINAL
APPEAL No. 583 of 2010
=========================================================
ISHWAR
@ ISHU UKABHAI SOLANKI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
Mr.L.R. PUJARI, ADDL PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE PARESH UPADHYAY
Date
: 27/06/2012
ORAL
ORDER (Per : HONOURABLE MR.JUSTICE RAVI
R.TRIPATHI) The present application is filed by the convict through Jail seeking temporary bail for a period of 30 days so as to get his mother operated for cataract and also to take treatment for chest pain he himself is suffering from. In support of his application the convict has enclosed letter received from his mother, written by some one on behalf of his mother. In addition thereto, the convict has also produced prescription from Parth Hospital, Una about which the convict has narrated in his statement.
2. RULE.
Mr.L.R. Pujari, 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 304 Part-1 and 498A of the Indian Penal Code to undergo imprisonment for 10 years with fine of Rs.26,000/-, in default to further undergo imprisonment for 2 years and 9 months as awarded vide judgement dated 30th March 2010 by the learned Additional Sessions Judge, Sessions Court, Rajula, in Sessions Case No.83 of 2008.
4. The learned APP has invited attention of the Court to the Jail remarks. The convict has undergone 3 years, 7 months and 29 days in Jail as on 10th June 2012. The convict had enjoyed temporary bail once and furlough once and has reported in time on each occasion. Nothing adverse is noticed from the convict's Jail remarks.
5. Mr.Pujari, learned APP made available for perusal statement of the convict recorded on 26th June 2012.
6. For the contents of the application, the same is allowed. 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.
7. The convict 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.) (PARESH UPADHYAY, J.) karim Top