Gujarat High Court
Ganesh vs State on 12 September, 2011
Author: Z.K.Saiyed
Bench: Z.K.Saiyed
Gujarat High Court Case Information System
Print
SCR.A/2251/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2251 of 2011
=========================================
GANESH
PANA BHATI - THRO' LILABEN GANESH BHATI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MS
AMEE YAJNIK for
Applicant(s) : 1,
MR MAULIK NANAVATI, LD. ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 12/09/2011
ORAL
ORDER
Rule.
Mr.Maulik Nanavati, learned Additional Public Prosecutor, waives service of notice of Rule on behalf of the respondent-State.
By way of present application, wife of Ganesh Pana Bhati, Prisoner No.D/9896, has prayed to release his husband on parole for 90 days on the ground that her husband is victim of Paranoid Schizophrenia and is required to take treatment.
Heard Ms.Amee Yajnik, learned counsel for the applicant and Mr.Maulik Nanavati, learned Additional Public Prosecutor for the respondent-State.
Ms.Yajnik, learned counsel for the applicant, submits that the applicant is suffering from Paranoid Schizophrenia and treatment is required to be taken and therefore, present application for parole is required to be considered. She has also contended that earlier also this Court has granted temporary bail to the prisoner from November, 2007 to January, 2009 considering his mental disorder. She, therefore, prayed to allow the present application by releasing the applicant on parole for 90 days.
Heard Mr.Nanavati, learned Additional Public Prosecutor and also perused papers. It appears from the papers that the prisoner-Ganesh Pana Bhati, Prisoner No.D/9896 is suffering from Paranoid Schizophrenia and is required treatment. It also appears from the papers that earlier also the said prisoner was released on temporary bail by this Court.
In view of above, present application is partly allowed. The applicant is ordered to be released on parole from 13th September, 2011 to 20th September, 2011 on usual terms and conditions, which may be deemed fit by the Jail Authority. The applicant is directed to surrender himself before the Jail Authority on 20th September, 2011 on or before 05.30 p.m. Rule is made absolute to the aforesaid extent.
Direct Service is permitted, today.
(Z. K. Saiyed, J) Anup Top