Gujarat High Court
Vinodkumar Rajan Nair @ R.B. Vinodkumar ... vs State Of Gujarat & on 20 January, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/1253/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 1253 of
2015
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VINODKUMAR RAJAN NAIR @ R.B. VINODKUMAR NAIR....Applicant(s)
Versus
STATE OF GUJARAT & 1....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 : 20/01/2015
ORAL ORDER
[1] RULE. Learned Additional Public Prosecutor waives service of rule on behalf of the respondent - State of Gujarat.
[2] This is an application for temporary bail filed by an under-trial prisoner arrested in connection with C.R.No.I-23 of 2012 registered with the D.C.B. Police Station, Surat City, District : Surat of the offence under Sections 409, 420, 465, 467, 468 and 471 of the Indian Penal Code. The temporary bail is prayed for on the ground that the four years old minor daughter of the applicant is suffering from respiratory infection. This Court on 7th January, 2015 had passed the following 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 Page 1 of 3 R/CR.MA/1253/2015 ORDER 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 rescheduled 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, 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."
[3] It is brought to my notice by Ms.Kruti M. Shah, the learned advocate appearing for the applicant that pursuant to the order passed by this Court referred to above, her client had filed an application for extension of the temporary bail before the Court below on 8th January, 2015. It appears that the same was registered on 8 th January, 2015. The hearing of the application concluded on 9th January, 2015. The 9th January, 2015, was the date on which the Page 2 of 3 R/CR.MA/1253/2015 ORDER applicant - accused had to surrender. In my order dated 7th January, 2015, I have observed that it was expected that the Court concerned shall decide the application at the earliest preferably within a day. It appears that the order of this Court was not brought to the notice of the learned Additional Sessions Judge, Surat.
[4] Considering the ground urged in the application and considering the facts and circumstances of the case, the applicant - accused is ordered to be released on temporary bail for a period of two weeks from the date of his actual release, on the applicant executing a bail bond of Rs.5,000/- [Rupees Five Thousand Only] to the satisfaction of the Jail Authority on the usual terms and conditions. The applicant - accused shall surrender before the jail authority on expiry of temporary bail period, without fail.
[5] The application is, accordingly, allowed. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.B.PARDIWALA, J.) vijay Page 3 of 3