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Gujarat High Court

Asim @ Munmun @ Asif Abdulkarim Solanki vs State Of Gujarat on 20 February, 2019

Author: J. B. Pardiwala

Bench: J.B.Pardiwala, A.C. Rao

         R/CR.A/249/2019                                   IA ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


     CRIMINAL MISC.APPLICATION (FOR EXTENSION OF TEMPORARY
                         BAIL) NO. 4 of 2019
                In R/CRIMINAL APPEAL NO. 249 of 2019
==========================================================

ASIM @ MUNMUN @ ASIF ABDULKARIM SOLANKI Versus JAIL SUPERINTENDENT ========================================================== Appearance:

PARTY IN PERSON for the PETITIONER(s) No. for the RESPONDENT(s) No. MR HK PATEL, APP for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA and HONOURABLE MR.JUSTICE A.C. RAO Date : 20/02/2019 IA ORDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1 Rule returnable forthwith. Mr. H.K. Patel, the learned Additional Public Prosecutor waives service of Rule on behalf of the respondents.
2 This is an application for extension of the period of temporary bail earlier granted vide order dated 8th February 2019 passed by this Court in the Criminal Miscellaneous Application No.2 of 2019 in R/Criminal Appeal No.249 of 2019 on the ground that the father of the convict -

party­in­person is suffering from coronary heart disease and vide medical certificate dated 18th February 2019 issued by the Interventional Cardiologist of the Heart Centre, Anand, the father of the convict aged 73 years has been advised to undergo for the Angioplasty which is fixed on 23rd February 2019, and if for some reasons the attempt to perform Page 1 of 2 R/CR.A/249/2019 IA ORDER the Angioplasty fails, then he needs to undergo for the coronary bypass surgery which is fixed on 25rd February 2019. A copy of the medical certificate is annexed with this application at Annexure : 'B' (page : 8).

3 Taking into consideration the facts and circumstances of the case and taking into consideration the ground urged in this application, the temporary bail earlier granted is extended for one last time upto 26th February 2019 on the same terms and conditions of the order dated 8th February 2019 referred to above. It is understood that the police surveillance shall continue i.e. one armed police constable at the cost of the State.

4 The convict - party­in­person shall surrender before the concerned jail authority by morning on 27th February 2019 without fail, whether the bypass surgery is performed on 25th February 2019 or not. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(J. B. PARDIWALA, J) (A. C. RAO, J) CHANDRESH Page 2 of 2