Gujarat High Court
Vinodkumar Rajan Nair @ R.B. Vinodkumar ... vs State Of Gujarat on 7 January, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/287/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 287 of
2015
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VINODKUMAR RAJAN NAIR @ R.B. VINODKUMAR NAIR....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MS. KRUTI M SHAH, ADVOCATE for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 07/01/2015
ORAL ORDER
This is an application filed by an under trial prisoner challenging the order dated 24th December, 2014 passed by the 4th Additional Sessions Judge, Surat in Criminal Misc. Application No.3509 of 2014, by which, the learned Judge ordered release of the accused on temporary bail for a period of 15 days from the date of his actual release on the ground that his four years old minor daughter is suffering from Adenoids, Recurrent Respiratory Infection. It appears that the surgery which was to be earlier performed, has been re- scheduled on 10th December, 2015 and the second surgery for Tonsillectomy on 18th January, 2015 according to the certificate issued by the doctor.
The challenge in this application is to the limited extent that temporary bail was prayed for, for a period of 40 days, Page 1 of 2 R/CR.MA/287/2015 ORDER whereas the learned Sessions Judge granted only for a period of 15 days. Without going into that controversy, since the surgery has been postponed and has been fixed at a future date, it shall be open for the applicant-accused to file a fresh application before the learned 4th Additional Sessions Judge, Surat praying for extension of the period the temporary bail period.
Considering the materials on record, the learned Judge shall consider the same in accordance with law. Since the applicant-accused has to surrender before the jail authority on or before 9th January, 2015, it is expected that the learned Sessions Judge shall decide the application at the earliest preferably within a day. This application is, accordingly, disposed of.
Direct service is permitted today.
(J.B.PARDIWALA, J.) Vahid Page 2 of 2