Salim Sattarbhai Khedara vs State Of Gujarat on 18 April, 2022

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Gujarat High Court

Salim Sattarbhai Khedara vs State Of Gujarat on 18 April, 2022

Bench: A.Y. Kogje

    R/CR.MA/5536/2022                               ORDER DATED: 18/04/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 5536 of 2022

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                        SALIM SATTARBHAI KHEDARA
                                  Versus
                            STATE OF GUJARAT
=============================================
Appearance:
APURVA K JANI(7057) for the Applicant(s) No. 1
MS. MOXA THAKKAR, APP for the Respondent(s) No. 1
=============================================

  CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                            Date : 18/04/2022

                               ORAL ORDER

1. Though the present application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail, considering the order that is passed by this Court in Criminal Misc. Application No.14269 of 2021, the Court is not inclined to consider the case of the applicant for regular bail. Therefore, learned Advocate for the applicant seeks permission to withdraw the present application. Permission as prayed for is granted. The Application stands disposed of as withdrawn. Rule is discharged.

2. However, pending the application, during the course of hearing, learned Advocate for the applicant has submitted about the severe medical ailment suffered by the applicant to the extent that on one occasion, relatives of the applicant were summoned to the Jail Authority as he was not likely to survive.

3. On the basis of such statement, by order dated 17032022, learned APP was directed to place on record the medical certificate, which goes on to indicate that the applicant is having history of COPD since Page 1 of 2 Downloaded on : Mon Apr 18 21:43:17 IST 2022 R/CR.MA/5536/2022 ORDER DATED: 18/04/2022 many years and at the relevant time, was showing symptoms of the ailment. Final diagnosis indicates that the applicant is suffering with COPD with Pneumothorax with mild PAH, which are indication of advance state of COPD.

4. In this view of the matter, learned Advocate for the applicant makes oral prayer for temporary release considering the age of the applicant being 64 years.

5. The Court having considered the Medical case papers and the Certificate issued by the Medical Officer of Vadodara Central Jail and considering the nature of ailment pertaining to lungs indicating that one of the lungs has collapsed, the oral request is considered.

6. In view of the aforesaid, the applicant is ordered to be enlarged on temporary bail for a period of three months from the date of his actual release, on his furnishing a personal bond of Rs.5,000/ (Rupees Five Thousand Only) to the satisfaction of the jail authority, and on a further condition that he shall surrender to the Jail authorities on expiry of the temporary bail period.

7. The applicant shall not leave Jetpur without prior permission of the Sessions Judge concerned and shall remain present on each date of the adjournment before the trial Court. Direct service is permitted. The application stands disposed of accordingly.

(A.Y. KOGJE, J) PARESH SOMPURA Page 2 of 2 Downloaded on : Mon Apr 18 21:43:17 IST 2022

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