Gujarat High Court
Hanif Dadabhai Jakhara vs State Of Gujarat on 23 June, 2015
Author: Z.K.Saiyed
Bench: Z.K.Saiyed
R/CR.MA/11687/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 11687 of 2015
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HANIF DADABHAI JAKHARA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MS. TARUNA MAKWANA FOR MS AKSHITABA SOLANKI, ADVOCATE for the Applicant(s) No. 1
SONAL J BHAVSAR, ADVOCATE for the Applicant(s) No. 1
MR NJ SHAH APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE Z.K.SAIYED
Date : 23/06/2015
ORAL ORDER
1. Rule. Mr. Shah, learned APP waives service of Rule on behalf of the respondent.
2. By way of present application, the applicant has prayed for following relief :
(A) Be pleased to admit and allow this application.
(B) Be pleased to release the accused on temporary bail for the period of 30 in connection C.R. No.I -
119/12 registered at Una Police Station for the offence u/s. 302, 143, 147, 148, 149, 506, 506(2), 120(b) of IPC and Sec. 25(1) BA of Arms Act and Se. 135 of the G P Act in peculiar facts and circumstances of the case in the interest of justice.
3. Present application is filed by the applicant for enlarging Page 1 of 3 R/CR.MA/11687/2015 ORDER him on temporary bail of 30 days on the ground of his own sickness.
4. Learned advocate Ms. Makwana for the applicant states that the applicant is suffering paralysis and he is not in a position to do any work himself. She further states that the accused consulted one Dr. Rajendra Trivedi of Raj Neuro Surgical Hospital and Trauma Center on 15.6.2015 and said Doctor advised him for some further treatment. The applicant needs traction for 10 to 15 days. She therefore prays to enlarge the applicant on temporary bail.
5. Perused the application and medical papers annexed with it. From the medical papers of the applicant, it appears that everything is normal and the applicant is not suffering from any serious disease. Therefore, it appears that the applicant has filed present application without any cause and even the learned advocate has not convinced this Court for believing such cause of application. Therefore, by way of filing such application, the applicant wants to come out from the jail by producing such documents.
6. In view of the above, this Court is not inclined to grant temporary bail as the ground stated in the application is not proper and just and it appears that the applicant with a view to come out from the jail, filed this application. Therefore, the applicant is required to be imposed costs for filing such false application.
7. With this observation, present application stands dismissed. Rule is discharged. The applicant is directed to deposit Rs.500/- towards the costs before the High Court Legal Page 2 of 3 R/CR.MA/11687/2015 ORDER Service Committee within a week time from today.
(Z.K.SAIYED, J.) YNVYAS Page 3 of 3