Gujarat High Court
Dilipbhai Koyabhai Solanki Thro' ... vs State Of Gujarat & on 29 January, 2015
Author: M.R. Shah
Bench: M.R. Shah, G.B.Shah
R/CR.MA/1295/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR EXTENSION OF TEMPORARY
BAIL) NO. 1295 of 2015
In CRIMINAL MISC.APPLICATION NO. 19605 of 2014
In CRIMINAL APPEAL NO. 1853 of 2012
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DILIPBHAI KOYABHAI SOLANKI THRO' ASHWINKUMAR DILIPBHAI
SOLANKI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
PARTY-IN-PERSON, ADVOCATE for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MS NISHA THAKORE, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE G.B.SHAH
Date : 29/01/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. Rule. Learned APP, Ms.Nisha Thakore, waives service of notice of rule on behalf of the respondent -State.
2. With the consent of the parties and in the facts and circumstances of the case, present application is taken up for final hearing today.
3. Present application has been preferred by the applicant(convict)-Dilipbhai Koyabhai Solanki, who is on temporary bail till 30-1-2015, through his son Ashwinkumar Page 1 of 3 R/CR.MA/1295/2015 ORDER Dilipbhai Solanki, who has appeared as party-in-person for extension of the temporary bail granted by the Division Bench of this Court vide order dated 17-12-2014 passed in Cri.Misc.Appln.No.19605 of 2014, on the ground that the applicant convict is suffering from paralysis, he is bed-ridden and he needs an attendant to do his day-to-day activities.
4. From the earlier order passed by the Division Bench of this Court, it appears and it is not in dispute that the applicant- convict is suffering from paralysis on right side of the body and as such bed-ridden and needs an attendant to do his day- to-day activities. Therefore, as such, he was released on temporary bail for a period of four weeks. It is reported that the applicant-convict is taking medical treatment from the private doctor at Halol and still he needs an attendant and is unable to walk and talk.
5. In view of the above and in the facts and circumstances of the case and more particularly when the applicant convict is bed-ridden, needs an attendant to do his day-to-day activities due to paralysis of the right side of the body (both upper and lower limbs) and is unable to talk and walk, present application is allowed and the temporary bail granted to the applicant-convict earlier is directed to be extended upto 8-3- 2015 on the same terms and conditions on which he was earlier released on temporary bail. Now the convict shall surrender to the jail authorities on 9-3-2015 without fail. Rule is made absolute to the aforesaid extent. D.S. Permitted.
(M.R.SHAH, J.)
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R/CR.MA/1295/2015 ORDER
(G.B.SHAH, J.)
RADHAN
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