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Gujarat High Court

Dharmesh Kirtibhai Shah vs State Of Gujarat on 24 November, 2015

Author: A.J.Desai

Bench: A.J.Desai

                  R/CR.MA/22279/2015                                                    ORDER




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 22279 of
                                                    2015

         ==========================================================
                           DHARMESH KIRTIBHAI SHAH....Applicant(s)
                                         Versus
                             STATE OF GUJARAT....Respondent(s)
         ==========================================================
         Appearance:
         MS MEDHA N PANDYA, ADVOCATE for the Applicant(s) No. 1
         MS NISHA THAKORE ADDL. PUBLIC PROSECUTOR for the Respondent
         ==========================================================

                  CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                            Date : 24/11/2015


                                             ORAL ORDER

[1] RULE. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondent - State of Gujarat.

[2] The present application has been filed by the under-trial prisoner through his wife to release him on temporary bail on the ground of sickness of his father, whose operation of knee replacement is fixed on 26.11.2015. In support of this application, a medical certificate to that effect is produced on record.

[3] I have heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State as well as considered the averments made in this application. It appears from the jail record that earlier whenever the applicant - undertrial prisoner released on temporary bail, he surrendered in time to the jail authority.




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HC-NIC                                        Page 1 of 2       Created On Wed Nov 25 01:11:40 IST 2015
                    R/CR.MA/22279/2015                                            ORDER




         [4]     Considering the aforesaid facts and circumstances of the case, I

am of the opinion that the application requires consideration and the same is partly allowed. The under-trial prisoner - convict shall be released on temporary bail for a period of two weeks from the date of his actual release, on executing personal bond of Rs.5,000/- (Rupees Five Thousand only) before the Jail authority and on usual terms and conditions. The convict shall mark his presence once in a week before the concerned police station between 9.00 a.m to 4 p.m. The undertrial prisoner shall surrender to the Jail Authority after completion of temporary release, without fail. During the period of temporary bail, the convict shall not abuse the liberty granted to him and shall maintain law and order. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(A.J.DESAI, J.) vijay Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Nov 25 01:11:40 IST 2015