Gujarat High Court
Tejas vs State on 2 May, 2011
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
Print
CR.MA/6043/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6043 of 2011
In
CRIMINAL
APPEAL No. 1148 of 2009
=====================================
TEJAS
GUNVANTBHAI SONI, THRO' KANCHANBEN GUNVANTBHAI SONI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=====================================
Appearance
:
MS KRISHNA U MISHRA for
Applicant(s) : 1,MR SP MAJMUDAR for Applicant(s) : 1,MR PP MAJMUDAR
for Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
None for Respondent(s) :
2,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P. P. BHATT
Date
: 02/05/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) 1.0 Present application is filed by the applicant - convict through his mother - Kanchanben Gunvantbhai Soni, aged 57 years praying from Temporary Bail for a period of 30 days so as to get his mother operated for 'Cataract' in left eye.
2.0 Rule.
Learned Additional Public Prosecutor Mr. Pandya waives service of process of Rule.
3.0 Learned Additional Public Prosecutor made available for perusal the Jail Remarks. The applicant - convict is undergoing 10 years' imprisonment for offences punishable under Sections 397, 395, 114, 120-B, 452 and 342 of the Indian Penal Code. As the conviction is under Sections 397 and 395 of the Indian Penal Code, the applicant - convict is not entitled for Furlough. The applicant - convict has not enjoyed any leave so far.
3.1 Learned advocate Ms. KU Mishra for the applicant submitted that as there is only one brother, who too is residing separately on account of his love marriage and father being ill, there is nobody to attend the mother and get her operated for Cataract. The learned advocate for the applicant submitted that the Court may provide for condition of marking presence to the nearest Police Station. Besides that, the Court may also direct the applicant - convict to deposit a sum of Rs.2,000/- before the jail authorities.
4.0 Taking into consideration the aforesaid submissions, the application is allowed. The applicant - convict is ordered to be released on Temporary Bail for a period of 20 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.
4.1 The applicant - convict shall deposit a sum of Rs.2,000/- (Rupees Two thousand only) before the jail authorities towards security.
4.2 The applicant - convict is directed to mark his presence at the nearest Police Station on every alternate day between 8:00 a.m. to 12:00 p.m. 4.3 The applicant - convict shall surrender to the jail authorities on expiry of the Temporary Bail period.
4.3 Rule is made absolute to the aforesaid extent. Direct service is permitted.
[ Ravi R. Tripathi, J. ] [ P. P. Bhatt, J. ] hiren Top