Gujarat High Court
Dahyabhai Kacharabhai Patel vs State Of Gujarat & on 5 February, 2016
Author: Harsha Devani
Bench: Harsha Devani, G.R.Udhwani
R/CR.MA/2832/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC. APPLICATION (FOR TEMPORARY BAIL)
NO.2832 of 2016
In
CRIMINAL APPEAL NO.1 of 2012
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DAHYABHAI KACHARABHAI PATEL....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No.1
MR HARDIK SONI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No.1
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CORAM: HONOURABLE MS. JUSTICE HARSHA DEVANI
and
HONOURABLE MR. JUSTICE G.R.UDHWANI
Date : 05/02/2016
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE HARSHA DEVANI)
1. By this application which has been filed through the jail authorities, the applicant - convict seeks to be enlarged on temporary bail for a period of 30 days as his younger sister is required to undergo Laproscopic Hysterectomy. In support of the application, the applicant has annexed a certificate dated 21st October, 2015 issued by the Vardaan Women Hospital indicating that the applicant's sister Jashiben is required to undergo Laproscopic Hysterectomy. A perusal of the case papers annexed alongwith the earlier application reveals that at the relevant time, the applicant's sister had undertaken certain blood tests which reveal that the applicant's sister's haemoglobin level was 3.0 gm %. A perusal of the jail record Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Feb 06 02:33:38 IST 2016 R/CR.MA/2832/2016 ORDER of the applicant reveals that by an order dated 4 th November, 2015, the applicant was enlarged on temporary bail for a period of two weeks on the same ground. It is the case of the applicant in the application that at the relevant time, the haemoglobin level of the applicant's sister was only 3.0 gm % and hence, the surgery could not be undertaken. However, now that the haemoglobin level has come up to 14.5, the Hysterectomy can be done.
2. A perusal of the case papers annexed alongwith the previous application reveals that at the relevant time when the certificate dated 21st October, 2015 came to be issued by Dr. Dinesh M. Patel of Vardaan Women Hospital, the haemoglobin level of the applicant's sister was 3.0 gm % despite which, the doctor had advised that she is required to undergo Laproscopic Hysterectomy. Thereafter, the applicant has stated that in view of the low haemoglobin level, the Hysterectomy could not be done.
3. In the aforesaid premises, the certificate dated 21st October, 2015 issued by Dr. Dinesh M. Patel of Vardaan Women Hospital does not inspire confidence. Under the circumstances, on the same cause of action, the court is not inclined to exercise discretion once again. The application, therefore, fails and is accordingly rejected.
( Harsha Devani, J. ) ( G.R. Udhwani, J. ) hki Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Feb 06 02:33:38 IST 2016