Gujarat High Court
Dilipbhai Koyabhai Solanki - Thro' ... vs State Of Gujarat & on 26 June, 2014
Author: Anant S. Dave
Bench: Anant S. Dave, Sonia Gokani
R/CR.MA/9362/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR EXTENSION OF TEMPORARY BAIL)
NO. 9362 of 2014
In CRIMINAL MISC.APPLICATION NO. 6479 of 2014
In CRIMINAL APPEAL NO. 1853 of 2012
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DILIPBHAI KOYABHAI SOLANKI - THRO' ASHWINKUMAR D
SOLANKI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
PARTY-IN-PERSON, ADVOCATE for the Applicant(s) No. 1
Ms. Moxa Thakker, APP, for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MS JUSTICE SONIA GOKANI
Date : 26/06/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE) Rule. Learned APP waives service of notice of rule on behalf of the respondentState.
A Division Bench of this Court [Coram: Jayant Patel & Z.K. Saiyed, JJ.] granted temporary bail of six weeks vide order dated 8.5.2014 in Criminal Misc. Application No.6479 of 2014, which reads as under:
"1. Rule. Mr.K.P.Raval, learned APP waives notice of rule.
2. The present application has been preferred by the applicant convict for bail on the ground that he is completely bed ridden and he wants to have treatment through his relative.
3. The report of the Medical Officer of Vadodara Central Jail is Page 1 of 3 R/CR.MA/9362/2014 ORDER produced. As per the said report it is observed as under :
"he is almost bed ridden and needs an attendant to do his daytoday activities due to paralysis of right side of the body, both upper and lower limb and unable to walk and he is being treated by jail dispensary."
4. Pursuant to the earlier order passed by this Court learned APP has placed on record the statement of the convict wherein he stated that his son and his wife are there to take care in the event if he is released on bail. We find that the regular bail for indefinite period cannot be granted. However, the convict be released on temporary bail for a period of six weeks from the date of actual release on condition of personal bond of Rs.5,000/and one surety of like amount with the further direction that upon the expiry of the period he may surrender with the jail authority or may apply for extension after producing all necessary documents.
5. The application is disposed of accordingly. Rule made absolute.
This application has been filed for extension of temporary bail on the same medical ground.
Considering the above, temporary bail granted by a Division Bench of this Court [Coram: Jayant Patel & Z.K. Saiyed, JJ.] vide order dated 8.5.2014 in Criminal Misc. Application No.6479 of 2014, is extended for a further period of four weeks on the same terms and conditions. He shall surrender before the jail authority immediately after the aforesaid period is over.
Rule is made absolute. D.S. Permitted.
The office shall also inform the applicant convict and the jail authority by sending a copy of this order immediately.
(ANANT S.DAVE, J.)
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R/CR.MA/9362/2014 ORDER
(MS SONIA GOKANI, J.)
SWAMY
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