Gujarat High Court
Jitendra @ Jitu Raijibhai Patel vs State Of Gujarat & on 3 November, 2014
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi, Sonia Gokani
R/CR.MA/17532/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR EXTENSION OF TEMPORARY
BAIL) NO. 17532 of 2014
In CRIMINAL MISC.APPLICATION NO. 17349 of 2014
In CRIMINAL APPEAL NO. 713 of 2014
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JITENDRA @ JITU RAIJIBHAI PATEL.....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
PARTY-IN-PERSON, ADVOCATE for the Applicant(s) No. 1
MR JK SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE MS JUSTICE SONIA GOKANI
Date : 03/11/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) Rule. Learned APP Mr. J. K. Shah waives service of notice of Rule on behalf of respondent-State.
Present application is filed by the convict for extension of temporary bail granted by this Court vide order dated 20/10/2014 passed in Criminal Misc. Application No.17349 of 2014.
On expiry of the bail period, the convict has already surrendered to the jail authorities.
Wife of the convict is present before the Court and is Page 1 of 3 R/CR.MA/17532/2014 ORDER requesting for grant of temporary bail more particularly in light of the facts which are set out in para-3 of the application wherein it is mentioned that mother of the convict is aged 65 years old, father of the convict is suffering from paralysis and wife of the convict is running eighth month pregnancy. It is further mentioned that earlier one child had expired on account of insufficient treatment and therefore, the family, the convict and his wife are apprehensive about well being of the child in womb. It is also mentioned in the paragraph that parents of wife of the convict are not extending any support to wife of the convict on account of conviction of husband.
The wife of the convict who is present before the court reiterated the facts which are mentioned in para-3 of the application and requested that only if her husband can be granted temporary bail for suitable period, necessary tests about well being of child in womb can be undertaken and necessary precautions can be taken.
Taking into consideration the factual details mentioned in the application, the convict is ordered to be released on temporary bail for a period of three weeks from the actual date of release on his executing a personal bond and surety in the sum of Rs.5,000/- (Rupees Five Thousand Only) to the satisfaction of the jail authorities on usual terms and conditions.
Rule is made absolute to the aforesaid extent.
The registry is directed to communicate this order to the jail authority.
(RAVI R.TRIPATHI, J.)
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R/CR.MA/17532/2014 ORDER
(MS SONIA GOKANI, J.)
ila
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