Gujarat High Court
Asim @ Munmun Abdul Karim Solanki ... vs State Of Gujarat & on 21 September, 2017
Author: A.Y. Kogje
Bench: A.Y. Kogje
R/CR.MA/23680/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL)
NO. 23680 of 2017
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ASIM @ MUNMUN ABDUL KARIM SOLANKI THROUGH DINAJ
ASIMBHAI SOLANKI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
PARTY-IN-PERSON, PERSONAL CAPACITY for the Applicant(s) No.
1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 21/09/2017
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor Mr. H.K. Patel waives service of rule on behalf of the respondent- State.
2. The present application is filed by the accused through party-in-person - wife, seeking temporary bail for a period of 30 days in connection with C.R. No.I-35/2013 registered with Botad Police Station, Bhavnagar, on the ground of making financial arrangements for the father of the applicant, who is to undergo coronary angioplasty, which is scheduled on 24.09.2017.
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R/CR.MA/23680/2017 ORDER
3. The party-in-person - wife submits that the family is facing grave difficulty in absence of the applicant as he is the only male member. Two sons are now facing examination and the mother-in-law is also suffering with age related ailments. The wife of the applicant herself is unable to attend and collect money necessary for such surgery. It is submitted that an amount of Rs.2 Lacs is required, of which, Rs.75,000/- is already paid and arrangements for remaining amount is to be made, which only the applicant is capable of doing.
4. The learned APP opposes the grant of temporary bail submitting that the applicant is in habit of making temporary bail application every now and then and on previous occasion he had absconded for a period of 212 days.
5. In view of the aforesaid, more particularly, considering the medical certificate produced on record, the case of the applicant deserves consideration. However, to overcome anxiety of the learned APP, the application is partly allowed. The accused-under-trial prisoner is ordered to be released on temporary bail under police escort of one constable at the cost of the State. The applicant Page 2 of 3 HC-NIC Page 2 of 3 Created On Mon Sep 25 02:33:38 IST 2017 R/CR.MA/23680/2017 ORDER is ordered to be enlarged on temporary for a period of 5 (Five) days from the date of his actual release, on his furnishing a personal bond of Rs.10,000/- (Rupees ten thousand only) to the satisfaction of the jail authority under police escort of one constable, on the condition that :
The accused shall surrender to the Jail authorities on expiry of the temporary bail period. It is made clear that no further extension of temporary bail will be granted for the above said purpose.
6. The application is allowed in the aforesaid terms. Rule is made absolute. Direct service is permitted.
(A.Y. KOGJE, J.) Dolly Page 3 of 3 HC-NIC Page 3 of 3 Created On Mon Sep 25 02:33:38 IST 2017