Gujarat High Court
Faridbhai Aiyyubbhai Ganhci Thro' ... vs State Of Gujarat & on 2 August, 2017
Author: Abhilasha Kumari
Bench: Abhilasha Kumari, A.J. Shastri
R/CR.MA/19103/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 19103 of 2017
In CRIMINAL APPEAL NO. 22 of 2017
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FARIDBHAI AIYYUBBHAI GANHCI THRO' SOHEB TAIYABBHAI
GHANCHI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR CHIRAG M PANCHAL, ADVOCATE for the Applicant(s) No. 1
MR BH SOLANKI, ADVOCATE for the Applicant(s) No. 1
MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR for the
RESPONDENT(s) No. 1
MR RUSHI BHAVSAR, ADVOCATE for the Complainant
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
KUMARI
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 02/08/2017
ORAL ORDER
(PER : HONOURABLE SMT. JUSTICE ABHILASHA KUMARI)
1. Rule. Mr.Ronak Raval, learned Additional Public Prosecutor, waives service of notice of Rule for the respondents.
2. This application under Section 389(1) of the Code of Civil Procedure, 1973, has been preferred by the applicant with a prayer to enlarge him on temporary Page 1 of 4 HC-NIC Page 1 of 4 Created On Thu Aug 03 00:19:53 IST 2017 R/CR.MA/19103/2017 ORDER bail for a period of fifteen days, as his wife, who has completed almost nine months of pregnancy, is supposed to undergo a Cesarean operation tentatively on 03.08.2017 or shortly thereafter.
3. The applicant is undergoing life imprisonment in connection with offences punishable under Sections 302 and 324 of the Indian Penal Code, 1860.
4. Heard Mr.B.H. Solanki, learned advocate for the applicant, Mr.Ronak Raval, learned Additional Public Prosecutor and Mr.Rushi Bhavsar, learned advocate for the original complainant and perused the averments made in the application.
5. Mr.Rushi Bhavsar, learned advocate, states that he has been instructed to appear on behalf of the original complainant and would file his Vakalatnama, during the course of the day. He is permitted to do so. He has opposed the grant of temporary bail.
7. The Jail record pertaining to the applicant indicates that his conduct in Jail is good and on the Page 2 of 4 HC-NIC Page 2 of 4 Created On Thu Aug 03 00:19:53 IST 2017 R/CR.MA/19103/2017 ORDER previous occasions, he had surrendered on time, except for one occasion when he has surrendered a day late.
8. We have also perused the Medical Certificate issued by Dr.Bhavik Shah and Dr.Darshini Shah of Karmaa Maternity Hospital, Naranpura, Ahmedabad, wherein it is stated that the wife of the applicant is supposed to undergo Cesarean section tentatively on 03.08.2017.
9. This application was heard in the morning session and learned Additional Public Prosecutor was requested to verify the statement made in the Medical Certificate. Mr. Ronak Raval, learned Additional Public Prosecutor, has submitted that he has spoken to Dr.Darshini Shah, who has issued the Certificate dated 25.07.2017 (AnnexureA), who has stated that the wife of the applicant has not come to her today but, in any case, as she has completed nine months' pregnancy, Cesarean operation would be done in about four to five days.
10. Taking into consideration the above facts and circumstances as well as the reason stated in the Page 3 of 4 HC-NIC Page 3 of 4 Created On Thu Aug 03 00:19:53 IST 2017 R/CR.MA/19103/2017 ORDER application, we deem it appropriate to partly grant the prayer made by the applicant.
11. Hence, the following order:
The applicant shall be enlarged on temporary bail for a period of ten days from the date of his actual release on furnishing a personal bond of Rs.5,000/ (Rupees Five Thousand Only) and upon the usual terms and conditions, to the satisfaction of the concerned Jail authority.
Upon the expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith.
12. The application is partlyallowed, in the above terms. Rule is made absolute, to the aforesaid extent.
Direct Service of this order is permitted.
(SMT. ABHILASHA KUMARI, J.) (A.J. SHASTRI, J.) piyush Page 4 of 4 HC-NIC Page 4 of 4 Created On Thu Aug 03 00:19:53 IST 2017