Gujarat High Court
Asim @ Munmun @ Asif Abdulkarim Solanki vs State Of Gujarat on 8 February, 2019
Author: J. B. Pardiwala
Bench: J.B.Pardiwala, A.C. Rao
R/CR.A/249/2019 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 2 of 2019
IN R/CRIMINAL APPEAL NO. 249 of 2019
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ASIM @ MUNMUN @ ASIF ABDULKARIM SOLANKI THROUGH DINAJBEN ASIMBHAI SOLANKI Versus JAIL SUPERINTENDENT ========================================================== Appearance:
PARTY IN PERSON for the PETITIONER(s) No. for the RESPONDENT(s) No. MR HK PATEL, APP for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA and HONOURABLE MR.JUSTICE A.C. RAO Date : 08/02/2019 IA ORDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
1. This is an application at the instance of a convict-accused through his wife for temporary bail on the ground that the father of the convict is seriously ill and needs to undergo open heart pass surgery at the earliest. According to the certificate issued by the doctor, the patient i.e. the father of the convict is in a very critical condition. We take notice of the fact that the applicant has been recently convicted. The judgment and order of conviction is dated 03.11.2018. The incident is of the year 2013. There should not have been any problem otherwise in Page 1 of 3 R/CR.A/249/2019 IA ORDER releasing the applicant-convict on temporary bail but his jail record is not good. It appears that pending trial, he was released on temporary bail on number of occasions however, in 2015, he surrendered late by 90 days. Thereafter, in 2016 he surrendered late by 212 days and in the year 2018 i.e. just before his conviction, he surrendered late by 110 days. Thus this applicant has shown the tendency to remain at large and not to surrender before the jail authority in time. In such circumstances, we were very reluctant to exercise our discretion in favour of the applicant-convict. However, at the same time we should also not close our eyes to the predicament of the family members. They are in a helpless condition. According to the opinion of the doctor, if the By pass surgery is not performed at the earliest then probably the father of the applicant may not survive. In such circumstances, we deem fit to release the applicant-convict on temporary bail for a period of eight days with one armed police constable.
2. The applicant is ordered to be released on temporary bail for a period of 8 (eight) days from the date of his actual release on he executing a personal bond of Rs.25,000/-
(Rupees Twenty-five Thousand Only) to the satisfaction of the jail authority. The applicant-convict shall be released on Page 2 of 3 R/CR.A/249/2019 IA ORDER temporary bail but he shall remain under the surveillance of one armed police constable.
3. We are conscious of the fact that if an accused is ordered to be released with some surveillance then it has to be at the cost of such applicant. However, keeping in mind that the convict has to arrange quite a sizeable amount for the open heart surgery and also keeping in mind the other difficulties, we request the State Government as an exceptional case to waive the fees which are required to be paid by the convict.
Direct service is permitted.
(J. B. PARDIWALA, J) (A. C. RAO, J) MAYA Page 3 of 3