Carol D/O Patrick Ernest W/O Surjit ... vs State Of Gujarat on 23 April, 2021

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Gujarat High Court

Carol D/O Patrick Ernest W/O Surjit ... vs State Of Gujarat on 23 April, 2021

Bench: A.G.Uraizee

         R/CR.MA/19766/2020                                              ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 19766 of 2020

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     CAROL D/O PATRICK ERNEST W/O SURJIT MATHEW PUNNILETHU
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR. AUM M KOTWAL(7320) for the Applicant(s) No. 1
MS SHREE KOTWAL(11177) for the Applicant(s) No. 1
MR DHARMESH DEVNANI, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE A.G.URAIZEE

                                Date : 23/04/2021
                                 ORAL ORDER

1. Heard Mr. Parcy Kavina, learned senior advocate assisted by Mr.Aum M. Kotwal for the applicant and Mr.Dharmesh Devnani, APP, learned Additional Public Prosecutor for the respondentState.

2. The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.11191039201527 of 2020 registered with Sabarmati Police Station, Ahmedabad City for the offences punishable under Sections 465, 466, 471 of the Indian Penal Code under Sections 12(1)(b) of the Passports Act, 1967 and under Sections 3(A), 13(2), 14C of the Foreigners Act, 1946.

3. This Court by order dated 24.12.2020 after considering the submission on behalf of both the sides and considering the material Page 1 of 3 Downloaded on : Mon Apr 26 20:12:35 IST 2021 R/CR.MA/19766/2020 ORDER on record enlarged the applicant on temporary bail for a period of four months from the date of actual release on certain conditions as the applicant was carrying pregnancy of six months.

4. Mr.Kavina, learned senior advocate for the applicant submits that the applicant has delivered baby girl on 6.3.2021. He further submits that the applicant has complied with all the conditions of the interim bail and she is regularly marking her presence at Sabarmati Police Station. He urges that considering the acute pandemic situation, the temporary bail may be extended to ensure safety and wellbeing of both the applicantmother and new born baby.

5. Mr.Dharmesh Devnani, learned APP for the respondent State submits that considering the overall facts and current pandemic situation, appropriate order may be passed.

6. Considering the fact that the applicant has complied with the conditions of the interim bail and she is regularly marking presence at Sabarmati Police Station and that she has delivered a baby girl on 6.3.2021, I am of the view that for safeguard of the health of the new born baby as well as the applicant, it is apposite to extend the interim bail granted to the applicant vide order dated 24.12.2020 on the same terms and conditions.

7. In view of the above, the interim temporary bail granted to the applicant for a period of four months is extended till 21.6.2021 on the same terms and conditions. However, so far as the marking Page 2 of 3 Downloaded on : Mon Apr 26 20:12:35 IST 2021 R/CR.MA/19766/2020 ORDER her presence is concerned, the applicant is directed to mark her presence before the Sabarmati Police Station between 11:00 a.m. and 04:00 p.m. on 3.5.2021 (Monday) and 1.6.2021 (Tuesday) instead of every Monday considering the prevailing pandemic situation. Direct service is permitted.

Stand over to 16.6.2021.

(A.G.URAIZEE, J) ALI Page 3 of 3 Downloaded on : Mon Apr 26 20:12:35 IST 2021

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