Gujarat High Court
Jagdishbhai Muljibhai Solanki vs State Of Gujarat & on 21 December, 2015
Author: Harsha Devani
Bench: Harsha Devani, G.B.Shah
R/CR.MA/24063/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC. APPLICATION (FOR TEMPORARY BAIL)
NO.24063 of 2015
In
CRIMINAL APPEAL NO.1063 of 2014
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JAGDISHBHAI MULJIBHAI SOLANKI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MS AKSHITABA SOLANKI, ADVOCATE for the Applicant(s) No.1
MS HANSA PUNANI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No.1
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CORAM: HONOURABLE MS. JUSTICE HARSHA DEVANI
and
HONOURABLE MR. JUSTICE G.B.SHAH
Date : 21/12/2015
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE HARSHA DEVANI)
1. Rule. Ms. Hansa Punani, learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondents.
2. By this application, the applicant - convict seeks to be enlarged on temporary bail for a period of 30 days for the purpose of providing medical treatment to his mother Baluba Muljibhai Solanki who is required to undergo cataract surgery.
3. Heard Ms. Akshitaba Solanki, learned advocate for the applicant and Ms. Hansa Punani, learned Additional Public Prosecutor for the respondents.
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R/CR.MA/24063/2015 ORDER
4. A perusal of the jail record of the applicant reveals that he has undergone 2 years' imprisonment. During the said period, he has been enlarged on temporary bail only on one occasion on which occasion, he has reported on time. The conduct of the applicant in jail is good. The learned advocate for the applicant has placed on record a certificate issued by Dr. Kishor J. Chaudhary, Matrukrupa Eye Hospital, Botad which reveals that the cause stated in the application is genuine and the applicant's mother is required to undergo surgery on 26th December, 2015. In these circumstances, the court is inclined to exercise discretion in favour of the applicant.
5. The application, therefore, partly succeeds and is accordingly allowed to the following extent. The applicant - convict is ordered to be enlarged on temporary bail for a period of seven (7) days from the date of his release on his furnishing a bond in the sum of Rs.5,000/- (Rupees five thousand only) to the satisfaction of the jail authorities and on usual terms and conditions. Upon completion of the period of temporary bail, the applicant shall forthwith surrender before the jail authorities. Rule is made absolute accordingly to the aforesaid extent.
Direct Service is permitted.
( Harsha Devani, J. ) ( G.B. Shah, J. ) hki Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Dec 22 02:14:53 IST 2015