Gujarat High Court
Lalji vs State on 12 August, 2011
Bench: D.H.Waghela, J.C.Upadhyaya
Gujarat High Court Case Information System
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CR.MA/11579/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11579 of 2011
In
CRIMINAL APPEAL No. 1128 of 2010
=========================================================
LALJI
KURJIBHAI MAGHODIA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR AJ DESAI, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 12/08/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE J.C.UPADHYAYA) Rule.
Learned APP waives service.
The applicant - convict who vide judgment and order dated 30.3.2010 rendered by learned Addl.Sessions Judge, Fast Track Court No.1, Jamnagar in Sessions Case No.122 of 2006 has been convicted for the offences punishable under Sections 302 etc. of the IPC and sentenced to undergo imprisonment for life with fine has forwarded this application through jail authority seeking temporary bail for the period of 45 days on the ground of cataract operation of his own.
The jail remarks sheet forwarded by the jail authority reveals that the applicant - convict prisoner has undergone 4 years and 12 months in jail. It further transpires that the applicant has enjoyed temporary bail once and enjoyed furlough once, and he surrendered in time before the jail authority. Along with this application, copy of medical certificate issued by Central Jail Dispensary, Ahmedabad is also annexed.
Considering the facts and circumstances of the case, it is expedient to partly allow the application.
The application succeeds in part and is accordingly partly allowed. The applicant - convict is ordered to be released on temporary bail for a period of 15 days from the date of his actual release, upon his furnishing personal bond in the sum of Rs.5000/- (Rupees Five Thousand Only) before the jail authority on usual terms and conditions. After the period is over, the applicant shall surrender to the jail authority. The applicant shall not take disadvantage of his liberty and shall maintain law and order.
Rule made absolute accordingly.
(D.H.WAGHELA, J.) (J.C.UPADHYAYA, J.) (binoy) Top