Gujarat High Court
Jayeshbhai @ Chintu Narshibhai Patel - ... vs State Of Gujarat & on 18 February, 2015
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi, R.D.Kothari
R/CR.MA/3352/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 3352 of
2015
In
CRIMINAL APPEAL NO. 802 of 2014
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JAYESHBHAI @ CHINTU NARSHIBHAI PATEL - THRO' JAYSHREEBEN
MARADIYA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
PARTY-IN-PERSON, PERSONAL CAPACITY for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 18/02/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the convict through his mother seeking temporary bail for a period of 30 days so as to make available the required treatment to his father (convict's father). The father of the convict is suffering from paralysis. A certificate to that effect issued by Medical Officer, Central Jail Dispensary, Ahmedabad dated 03.10.2014 is annexed with this application. Besides that, there is medical paper Page 1 of 3 R/CR.MA/3352/2015 ORDER issued by Dr.Sunil V.Ukani of Shreeji Hospital is also produced, wherein father of the convict is advised to take MRI Brain (Limited).
2. Learned APP Mr.Patel invited attention of the Court to the jail remarks. The convict has availed temporary bail for a period of 22 days in the month of January-February 2015 and has reported back to jail only on 08.02.2015. The mother of the convict, who is present before the Court states that her husband is released from jail on Saturday, i.e. 07.02.2015, but by that time, her son had reported back to jail and therefore, she could not take her husband to the Doctor for proper investigation and treatment. She states that she has two sons only and both of them are in jail and therefore, the present application is filed seeking temporary bail for elder son.
3. The matter requires consideration.
4. RULE. Learned APP Mr.H.K.Patel waives service of Rule on behalf of the respondent-State.
5. For the contents of the application, the same is allowed. The convict is ordered to be released on temporary bail for a period of 2 (two) weeks from the date of his release, on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only) to the Page 2 of 3 R/CR.MA/3352/2015 ORDER satisfaction of the Jail authorities.
In the event, treatment starts and if Doctor advises for continuous presence for a week or so more than the period for which temporary bail is granted, it will be open for the convict to pray for extension of the same.
6. The convict shall surrender to the Jail authorities on expiry of the temporary bail period.
7. Rule is made absolute.
Registry is directed to communicate this order to the jail authorities.
A copy of this order be also made available to learned APP Mr.Patel for its onward communication.
(RAVI R.TRIPATHI, J.) (R.D.KOTHARI, J.) SHITOLE Page 3 of 3