Gujarat High Court
Kishan Dilipbhai Gatiya vs State Of Gujarat on 11 April, 2019
Author: J. B. Pardiwala
Bench: J.B.Pardiwala, A.C. Rao
R/CR.A/272/2019 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (TEMPORARY BAIL) NO. 2 of 2019
In R/CRIMINAL APPEAL NO. 272 of 2019
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KANO DILIPBHAI GATIYA Versus JAIL SUPERINTENDENT ========================================================== Appearance:
THROUGH JAIL for the PETITIONER(s) No. for the RESPONDENT(s) No. MR. H. K. PATEL, ADDL PUBLIC PROSECUTOR for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA and HONOURABLE MR.JUSTICE A.C. RAO Date : 11/04/2019 IA ORDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
1. This is an application at the instance of a convict-accused seeking temporary bail on the ground that his health is not good.
2. We take notice of the fact that the applicant-convict has been sentenced to undergo life imprisonment for the offence of murder and other offences. His brother has also been convicted for the very same offence.
3. Having regard to the ground of ailment raised in this application, we have requested Mr. Patel, the learned APP, to call for the medical certificate from the jail doctor. Today, when the matter is taken up for further hearing, Mr. Patel has also produced the medical certificate of the convict dated 10th Page 1 of 2 R/CR.A/272/2019 IA ORDER April, 2019. The medical certificate reads thus:
'MEDICAL CERTIFICATE Convict Prisoner No.46316 KANABHAI DILIPBHAI GATIYA, Age 30 years.
This is to Latest certify that Convict Prisoner No.46316 KANABHAI DILIPBHAI GATIYA, fax received on 09.04.2019, is suffering from unspecified anxiety disorder in K/C/O IHD+partial stricture of prostatic urethra with urinary tract infection.
He is under treatment of above mentioned disorder."
4. The medical certificate is ordered to be taken on record.
5. Having regard to the ailment, we are persuaded to exercise our discretion in favour of the applicant-convict for the purpose of releasing him on temporary bail.
6. Taking into consideration the grounds urged in this application, the applicant-convict is ordered to be released on temporary bail for a period of 15 days from the date of his actual release, on the applicant executing a bond of Rs.5,000=00 to the satisfaction of the concerned authority, on usual terms and conditions.
7. The applicant-convict shall surrender before the jail authority on or before the expiry of the temporary bail period, without fail.
8. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J. B. PARDIWALA, J) (A. C. RAO, J) Vahid Page 2 of 2