RAJU ALIAS RAJ KUMAR NENUMAL JASUJA v. State Of Gujarat
2004-11-19
P.P.NAOLEKAR, Y.K.SABHARWAL
body2004
DigiLaw.ai
ORDER 1. LEAVE GRANTED. 2. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING THE STATEMENT MADE BY THE SISTER OF THE APPELLANT IN THE AFFIDAVIT FILED IN MAY 2004 THAT IN NONE OF THE 24 CASES REGISTERED AGAINST THE APPELLANT FOR THE PERIOD FROM THE YEAR 1980 TO 2002 HAVE THE POLICE APPLIED FOR PRODUCTION OF THE APPELLANT, AND THAT AVERMENT HAVING NOT BEEN CONTROVERTED, DESPITE GRANT OF OPPORTUNITY, IN OUR VIEW, IT IS A FIT CASE WHERE THE APPELLANT SHALL BE RELEASED ON BAIL PENDING TRIAL OF THE CASE IN QUESTION. 3. ACCORDINGLY, SETTING ASIDE THE IMPUGNED ORDER, WE DIRECT RELEASE OF THE APPELLANT ON BAIL ON HIS FURNISHING BAIL BOND TO THE SATISFACTION OF THE TRIAL COURT. 4. THE APPEAL IS ALLOWED ACCORDINGLY.