Gujarat High Court
Bharatbhai Parshottamdas Ramdas Patel vs State Of Gujarat & on 22 June, 2017
Author: A.J. Shastri
Bench: Abhilasha Kumari, A.J. Shastri
R/CR.MA/15369/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 15369 of 2017
In CRIMINAL APPEAL NO. 220 of 2014
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BHARATBHAI PARSHOTTAMDAS RAMDAS PATEL....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR JK SHAH, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 22/06/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE A.J. SHASTRI)
1. The present application is filed by the applicant on 06.06.2017, through Jail, for the purpose of seeking temporary bail for a period of thirty days. The premise on which the application is presented is that since recent past the applicant is suffering from right side direct inguinal hernia. And for that purpose, the applicant wants to take treatment through private doctors.
2. For the purpose of considering the request of the applicant, we have issued Rule on 19.06.2017 so as to Page 1 of 4 HC-NIC Page 1 of 4 Created On Fri Aug 18 23:28:32 IST 2017 R/CR.MA/15369/2017 ORDER enable the learned Additional Public Prosecutor to verify the contents of the application and in response thereto, learned Additional Public Prosecutor has apprised the Court by producing a certificate dated 21.06.2017, issued by Dr.N.K.Humal, Medical Officer, Ahmedabad Central Jail, Ahmedabad, which indicates that the applicant is diagnosed to have a right side direct inguinal hernia. The certificate indicates that the applicant has refused the operation to be performed at Civil Hospital, Ahmedabad, therefore, the applicant has requested for some time for being enlarged on temporary bail. The certificate dated 21.06.2017 is taken on record.
3. We have perused the Jail remarks presented along with the application in which the applicant is a convict undergoing a life imprisonment for the offences punishable under Sections302, 323 and 504 of the Indian Penal Code, 1860, read with Section135 of the Gujarat Police Act, 1951.
4. We have noted down that on previous occasions when the applicant was enlarged on bail, he has surrendered well within time and though his Jail conduct is stated Page 2 of 4 HC-NIC Page 2 of 4 Created On Fri Aug 18 23:28:32 IST 2017 R/CR.MA/15369/2017 ORDER to be unsatisfactory, there was only one occasion of late surrender by one day and we have considered the certificate and the genuineness of the reason presented by the applicant is fortified by the certificate issued by the Medical Officer of Ahmedabad Central Jail, therefore, we consider it appropriate to consider the release of the applicant in part.
5. Hence, the following order is passed :
The applicant is ordered to be released on temporary bail for a period of ten days from the date of his release on furnishing a personal bond of Rs.5,000/ (Rupees Five Thousand Only) and upon the usual terms and conditions, to the satisfaction of the concerned Jail authority. Upon expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith.
6. The application is allowed, in the above terms. Rule is made absolute, to the above extent.
(SMT. ABHILASHA KUMARI, J.)
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R/CR.MA/15369/2017 ORDER
(A.J. SHASTRI, J.)
Gaurav+
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