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Akbako vs State

High Court Of Gujarat|21 June, 2012
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the convict through Jail seeking temporary bail on the occasion of sad demise of the convict's grand mother. On earlier occasion, viz. 13th June 2012, the learned APP was granted time to take instructions in the matter including that of the source through which the convict learnt about the death of his grand mother. On 18th June 2012, the learned APP filed statement of the convict, wherein it is stated that, " .. .. I got the news of my grand mother's sad demise through my fellow inmate, Mr.Rafiq, whose family members called at my home and informed the same to him during family mulakat. .. .."
2. On 18th June 2012, the learned APP was asked to see that the authorities record statement of the above Jail inmate, namely, Rafiq and if required of his family members. The Jail authorities have recorded statement of Jail inmate, Rafiq Alambhai Parmar, wherein he has stated that he had never informed the applicant about the sad demise of his grand mother. Not only that when the applicant-convict is interrogated by the Jail authorities he was not able to give any clear answer. In view of that it is found that the application is misguiding. Hence the application is rejected.
The Jail authorities are directed to keep a copy of this order in the history sheet of the present applicant-convict.
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