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Gujarat High Court

Murlibhai Naranbhai Sindhi ... vs State Of Gujarat & 2 on 5 January, 2015

Author: Ravi R.Tripathi

Bench: Ravi R.Tripathi, R.D.Kothari

         R/CR.MA/21877/2014                                         ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 21877 of
                                         2014

          In CRIMINAL MISC.APPLICATION NO. 20832 of 2014
                   In CRIMINAL APPEAL NO. 1709 of 2012

================================================================
      MURLIBHAI NARANBHAI SINDHI (KHANCHANDANI)....Applicant(s)
                             Versus
               STATE OF GUJARAT & 2....Respondent(s)
================================================================
Appearance:
PARTY-IN-PERSON, ADVOCATE for the Applicant(s) No. 1
MR AY KOGJE for the Respondent(s) No. 3
PUBLIC PROSECUTOR for the Respondent(s) No. 1
================================================================

         CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
                and
                HONOURABLE MR.JUSTICE R.D.KOTHARI

                                Date : 05/01/2015


                                    ORAL ORDER

(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)

1. The convict - Murlibhai Naranbhai Sindhi (Khanchandani) has filed this application seeking extension of temporary bail granted to him by order dated 15.12.2014. Before this application could be taken up for consideration, on his period of temporary bail having expired he has surrendered to the jail authorities on 1.1.2015. One Madhuben Dilawarsinh, stating to be the maidservant of the convict, is present before the Court and states that the wife of convict - Murlibhai is in hospital and she is still not well.

R/CR.MA/21877/2014 ORDER

2. Mr.A.Y.Kogje, learned Special Public Prosecutor invited attention of the Court to medical certificate issued by Dr.Sunil Wadhwani. The doctor has stated that the patient (wife of the convict) is suffering from COPD i.e. Chronic Obstructive Polymeric Disease and Convulsions. Learned Special Public Prosecutor also made available for perusal a statement of the doctor recorded on 4.1.2015 wherein it is stated that the patient was admitted on 29.12.2014 as indoor patient and continues to be admitted on the date of the recording of the statement. It is also stated that at least 3 to 4 days more, she will be required to be admitted in the hospital for the treatment. It is also stated that even as an outdoor patient also, there will be long drawn treatment for the patient.

3. Taking into consideration the contents of the medical certificate dated 29.12.2014 and the statement of the doctor dated 4.1.2015, the Court is of the opinion that matter requires consideration.

4. Rule. Mr.A.Y.Kogje, learned Special Public Prosecutor waives service of Rule.

5. For the contents of the application, applicant - convict is ordered to be released on temporary bail for a period of 15 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.

6. The convict shall surrender to the Jail authorities on expiry of the temporary bail period.

          R/CR.MA/21877/2014                            ORDER




7.      Rule is made absolute.

8. A copy of this order be communicated to the jail authorities. A copy of this order be made available to learned Special Public Prosecutor for onward communication.

(RAVI R.TRIPATHI, J.) (R.D.KOTHARI, J.) vipul Page 3 of 3