Gujarat High Court
Yunush vs State on 9 August, 2010
Author: Rajesh H.Shukla
Bench: Rajesh H.Shukla
Gujarat High Court Case Information System
Print
CR.MA/8900/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8900 of 2010
In
CRIMINAL
APPEAL No. 212 of 2010
=========================================
YUNUSH
JIVABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR HL JANI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 09/08/2010
ORAL
ORDER
Rule.
Mr. HL JANI, learned APP, waives service of notice of rule on behalf of the respondent-State of Gujarat.
2. The present application has been filed by the applicant-convict through jail for grant of temporary bail for a period of 30 days on the ground of economic support to the family.
3. The applicant-convict prisoner has been convicted in Sessions Case No. 336/2008 by the learned Addl. Sessions Judge, Fast Track Court No. 2, Ahmedabad vide judgment and order dated 31.8.2009, recording conviction for offence under Sections 363, 366 and 376 of IPC, imposing sentence of R.I. for 7 years and fine of Rs. 9,000/-.
4. As it transpires from the jail remarks sheet, the applicant has not availed of any parole or even temporary bail and has undergone sentence for about 1½ years and there are no adverse remarks.
5. Therefore, having regard to the facts and circumstances, the court is of the opinion that the ends of justice would be served if the applicant is released on temporary bail for a period of 15 days.
6. Accordingly, the present application stands allowed. The applicant-convict prisoner - YUNUSH JIVABHAI - is ordered to be released on temporary bail for a period of 15 days from the date of his actual release on executing a personal bond of Rs. 5,000/- before the jail authority and on usual terms and conditions. The applicant shall surrender to the jail authority on completion of 15 days from the date of his release without fail. During the period of temporary bail, the applicant shall not abuse the liberty granted to him and shall maintain law and order.
Rule is made absolute to the aforesaid extent.
(Rajesh H. Shukla, J.) (hn) Top