Gujarat High Court
Dinesh vs State on 16 May, 2012
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
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CR.MA/6761/2012 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6761 of 2012
In
CRIMINAL
APPEAL No. 1268 of 2006
=====================================
DINESH
SANGRAM KHATANA - THRO' VAIBHAV DINESH KHATANA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=====================================
Appearance
:
MR GAJENDRA P BAGHEL for
Applicant(s) : 1,
MR HK PATEL, APP for Respondent(s) : 1,
None
for Respondent(s) : 2,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 16/05/2012
ORAL
ORDER
1.0 Leave to amend.
2.0 Present application is filed by the convict through his son seeking Temporary Bail for a period of 30 days so as to attend to his wife who is going to be operated on 17th May 2012 for 'Hysterectomy'. A Certificate is issued by Dr. Ramesh H. Kumavat, MD (Medicine), Physician and Consultant from Sai Hospital, Surat. Learned advocate Mr. Baghel for the applicant states that the hospital is attended by the other expert doctors including Surgeons.
3.0 Rule.
Learned Additional Public Prosecutor Mr. Patel waives service of process of Rule.
4.0 Learned Additional Public Prosecutor made available for perusal the Jail Remarks. The convict is undergoing life imprisonment for the offences punishable under Sections 302, 120B and 34 of the IPC in Sessions Case No. 93 of 2004. The convict has, by now, undergone imprisonment of 08 years, 02 months and 03 days. He has enjoyed 06 Temporary Bail. He has enjoyed 03 furlough and however, his third and forth furloughs are forfeited on account of unruly behaviour in jail. He has enjoyed parole on four different occasions. Lastly, he was out in the month of January 2012 for 14 days to attend his ailing son and in the month of March 2012, he has enjoyed fifth furlough. Every time, he has reported in jail in time.
5.0 Though there are adverse entries regarding his indisciplined behaviour in jail, but so far as release is concerned, he has every time, reported in jail in time. For the contents of the application, the application is allowed. The convict is ordered to be released on Temporary Bail for a period of 10 days from the date of his release, on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand only) to the satisfaction of the jail authorities.
5.1 The convict shall surrender to the jail authorities on expiry of the Temporary Bail period.
5.2 Rule is made absolute to the aforesaid extent. Direct service is permitted today.
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