Gujarat High Court
Ashok Nathabhai Panchani Through ... vs State Of Gujarat on 17 February, 2017
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/5065/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATIONNO. 5065 of 2017
(FOR REGULARIZATION OF LATE SURRENDER)
In
CRIMINAL MISC.APPLICATION NO. 1814 of 2017
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ASHOK NATHABHAI PANCHANI THROUGH MANSUKHBHAI DHAYABHAI
GAJERA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MS MEDHA N PANDYA, ADVOCATE for the Applicant(s) No. 1
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 17/02/2017
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on behalf of the respondent State of Gujarat.
2. By way of the present application, the applicant has prayed as under :
"[A] Be pleased to regularize the late surrender period of temporary bail from 01.02.2017 to 15.02.2017 i.e. 15 days in view of the order dated 20.01.2017 passed by this Hon'ble Court in Criminal Misc. Application No. 1814 of 2017 in the interest of justice.
[B] Further be pleased to release the petitioner on temporary bail for the period of 15 days, in respect of FIR C.R.No.I470 of 2011 registered with Umra Police Station, Surat, on 29.12.20114, for the offence u/ss. 302, 114, 212, 120(B), 34, 182of the IPC and under Section 135 of the G.P.Act.
3. Learned advocate appearing for the applicant states that the applicant came to be released on temporary bail vide order dated 20.01.2017 passed in Criminal Misc. Application No. 1814 of Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Feb 18 01:42:00 IST 2017 R/CR.MA/5065/2017 ORDER 2017. She further states that wife of the applicant was from severe bleedings and pain in abdomen and has been referred to Lilavati Hospital, Bombay for further treatment and therefore, he could not surrender in time. He had surrendered on 15.02.2017. Therefore, he surrendered 15 days late before the jail authority. She further submits that for further treatment, the applicant may be released on temporary bail. In support of the application, medical papers are produced on record.
4. Perused the jail record. His jail conduct found to be good. In past, he had almost surrendered in time when he was released on temporary bail except on last occasion, he surrendered late before the jail authority when he was released on temporary bail.
5. Considering the above aspect, I am of the opinion that the present application requires consideration and accordingly, the same is allowed. The late surrender of 15 days is hereby regularized and the same shall be treated as if he was on temporary bail. The undertrial prisoner is hereby ordered to be released on temporary bail for a period of ten days from the date of his actual release on usual terms and conditions and on executing of personal bond of Rs.5,000/ to the satisfaction of the concerned Authority. The under trial prisoner shall mark his presence twice during his temporary release before the concerned police station.
6. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) *Kazi...
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