R/CR.MA/19689/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 19689 of 2017
In CRIMINAL APPEAL NO. 451 of 2017
NASIR @ DILU ABDULBHAI @ DILAVARBHAI KHOKHAR….Applicant(s)
Versus
STATE OF GUJARAT 2….Respondent(s)
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 09/08/2017
ORAL ORDER
(PER : HONOURABLE SMT. JUSTICE ABHILASHA KUMARI)
1. Rule. Mr.Ronak Raval, learned Additional Public
Prosecutor, waives service of notice of Rule for the
respondents.
2. This application dated 20.05.2017, has been
preferred by the applicant, through Jail, with a
prayer to enlarge him on temporary bail for a period
of thirty days in order to arrange for the admission
in School of his daughter.
3. The applicant is undergoing life imprisonment in
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R/CR.MA/19689/2017 ORDER
connection with offences punishable under Sections 302
and 498A of the Indian Penal Code, 1860.
4. We have perused the averments made in the
application as well as the Jail record pertaining to
the applicant.
5. From the Jail record, it appears that the conduct
of the applicant in Jail is not satisfactory. Besides,
the applicant has served only nine months and one day
of his sentence.
6. Insofar as the reason stated in the application
is concerned, it appears that the said reason would no
longer survive as the admissions in Schools have
already taken place and new academic session is well
underway. We are not inclined to exercise discretion
in favour of the applicant.
7. Hence, the application stands rejected. Rule is
discharged.
(SMT. ABHILASHA KUMARI, J.)
(A.J. SHASTRI, J.)
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piyush
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