R/CR.MA/18327/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR EXTENSION OF TEMPORARY
BAIL) NO. 18327 of 2017
In
CRIMINAL MISC.APPLICATION NO. 16738 of 2017
In
CRIMINAL APPEAL NO. 451 of 2017
RUBINABANU NASIRBHAI KHOKHAR….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MS KHUSHBU P VYAS, ADVOCATE for the Applicant(s) No. 1
MR J.K.SHAH, APP for the Respondent(s) No. 1
CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 21/07/2017
ORAL ORDER
(PER : HONOURABLE SMT. JUSTICE ABHILASHA KUMARI)
1. Rule. Mr.J.K.Shah, learned Additional Public Prosecutor
waives service of notice of Rule on behalf of respondent State.
2. This application has been preferred by the applicant with
a prayer to extend the period of temporary bail granted to him
vide order dated 07.07.2017 passed by this Court in Criminal
Miscellaneous Application No.18327 of 2017.
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3. Heard Ms.Khusbu P. Vyas, learned advocate for the
applicant and Mr.J.K.Shah, learned Additional Public Prosecutor
for the respondent – State.
4. By the said order, the applicant (who was applicant No.2
in that application) was enlarged on temporary bail for a period
of ten days in order to make arrangement for the admission of
her minor daughter in a new school i.e. N.K.Primary School and
to pay the fees etc.
5. The applicant is undergoing life imprisonment for the
offences punishable under Sections 302 and 498A of the Indian
Penal Code.
6. In the present application, the applicant has stated that
the daughter of the applicant is residing with her sister, who is
also finding it difficult to take care of her and manage
everything. It is further stated that the applicant is required to
make financial arrangements for the school fees for her
daughter which she is not able to make as the whole family of
the applicant is in jail.
7. We have perused the jail record pertaining to the
applicant which indicates that her conduct in jail is good. We
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R/CR.MA/18327/2017 ORDER
also notice that the applicant has undergone only 8 months of
sentence so far. Considering the aspect that the entire family
is in jail and her minor daughter is residing with her sister, we
deem it appropriate to partly grant the prayer made in the
application, considering the reasons stated in the application
as well. Hence, we pass the following order:
The period of temporary bail granted to the applicant
vide order dated 07.07.2017 passed in Criminal
Miscellaneous Application No.16738 of 2017 is hereby
extended for a further period of seven (07) days upon the
usual terms and conditions, to the satisfaction of the
concerned Jail authority.
Upon expiry of the aforesaid period, the applicant shall
surrender before the concerned Jail authority forthwith.
8. The application is allowed, in the above terms. Rule is
made absolute to the above extent.
9. It is made clear that no further extension shall be
granted.
Direct service of this order is permitted.
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R/CR.MA/18327/2017 ORDER
(SMT. ABHILASHA KUMARI, J.)
(A.J. SHASTRI, J.)
Amit
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