Gujarat High Court
Patel Mehul Ambalalbhai vs State Of Gujarat & on 17 December, 2015
Author: Harsha Devani
Bench: Harsha Devani, G.B.Shah
R/CR.MA/23407/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC. APPLICATION (FOR TEMPORARY BAIL)
NO.23407 of 2015
In
CRIMINAL APPEAL NO.537 of 2012
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PATEL MEHUL AMBALALBHAI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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===Appearance:
THROUGH JAIL for the Applicant(s) No.1
MS HANSA PUNANI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No.1
RULE NOT RECD BACK for the Respondent(s) No.2
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CORAM: HONOURABLE MS. JUSTICE HARSHA DEVANI
and
HONOURABLE MR. JUSTICE G.B.SHAH
Date : 17/12/2015
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 father is required to undergo cataract surgery.
2. Ms. Hansa Punani, learned Additional Public Prosecutor has placed on record a verification report of the Police Inspector, Kadi Police Station which indicates that the cause stated in the application is genuine namely, that his father is required to undergo surgery on 25th December, 2015.
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R/CR.MA/23407/2015 ORDER
3. A perusal of the jail record of the applicant reveals that the applicant has undergone 5 years and 5 months imprisonment during which period, he has availed of temporary bail only on two occasions for the purpose of providing medical treatment to his father. The conduct of the applicant in jail is reported to be good. In these circumstances, having regard to the period undergone and the genuineness of the cause, the court is inclined to exercise discretion in favour of the applicant.
4. The application, therefore, partly succeeds and is accordingly allowed. The applicant - convict is ordered to be enlarged on temporary bail for a period of fifteen 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.
5. Registry to forthwith communicate this order to the Jail Authorities.
( Harsha Devani, J. ) ( G.B. Shah, J. ) hki Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Dec 18 00:54:18 IST 2015