Gujarat High Court
Dineshkumar vs State on 24 September, 2008
Author: C.K.Buch
Bench: C.K.Buch
Gujarat High Court Case Information System
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CR.MA/12290/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12290 of 2008
In
CRIMINAL
APPEAL No. 1031 of 2000
===============================================================
DINESHKUMAR
JASHVANTLAL GAJJARTHRO'JASHVANTLAL S GAJJAR
Versus
STATE
OF GUJARAT & ANOTHER
===============================================================
Appearance :
PARTY-IN-PERSON
for Applicant(s) : 1,
MS DARSHANA PANDIT, ADDL. PUBLIC PROSECUTOR
for
Respondents.
===============================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 24/09/2008
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE C.K.BUCH) Rule.
Ms. Darshana Pandit, learned APP waives service of rule on behalf of the respondents.
The present application is filed by Jaswantlal S Gajjar, praying for release of his son, Dineshkumar Jaswantlal Gajjar, who is undergoing imprisonment for life for offence punishable under section 302 of the Indian Penal Code, on temporary bail to facilitate operation of cataract developed in his left eye.
The jail report submitted to the Court by learned APP indicates that the convict was granted bail for some days when the convict's father had undergone similar operation in his right eye in the month of November 2006 though the convict was held responsible for keeping prohibited substances in the jail premises on two different occasions but thereafter also this Court has granted temporary bail to the convict and he has been permitted to enjoy furlough leave. It is also required to be noted that father of the convict had undergone a surgery in August 2005 for brain haemmorrhage and even at that time, the convict was released on temporary bail for 21 days.
Considering the totality of the facts and circumstances of the case and having heard the convict's father who is present in the court as party-in-person, we are of the view that it would meet with the ends of justice and the requirement of the convict's father, if the convict is enlarged on temporary bail for a period of 8 days from the date of his release.
In the result, the application is partly allowed. The convict Dineshkumar Jaswantlal Gajjar is ordered to be released on temporary bail for 8 days from the date of his release, on his furnishing a personal bond of Rs.5000/- [Rupees five thousand only] to the jail authorities. The convict shall surrender on the 9th day from the date of his release. The convict shall execute an undertaking before the jail authorities that he shall surrender on the 9th day of his release from the jail.
Rule is made absolute accordingly.
Registry to send the writ forth.
[C.K.BUCH, J.] mathew [H.B.ANTANI, J.] Top