Gujarat High Court
Shailesh @ Gulio Bhikhubhai @ Babubhai ... vs State Of Gujarat & on 10 December, 2015
Author: Harsha Devani
Bench: Harsha Devani, G.B.Shah
R/CR.MA/23306/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 23306 of
2015
In CRIMINAL APPEAL NO. 405 of 2012
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SHAILESH @ GULIO BHIKHUBHAI @ BABUBHAI VASAVA....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, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
and
HONOURABLE MR.JUSTICE G.B.SHAH
Date : 10/12/2015
ORAL ORDER
(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)
1. Rule. Ms. Hansa Punani, learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondents.
2. 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 for the purpose of providing medical treatment for his father, who is required undergo surgery of cataract.
3. Heard Ms. Hansa Punani, learned Additional Public Prosecutor for the respondents.
4. A perusal of the jail record of the applicant reveals Page 1 of 3 HC-NIC Page 1 of 3 Created On Fri Dec 11 02:17:24 IST 2015 R/CR.MA/23306/2015 ORDER that he has undergone more than 3 years and 10 months of imprisonment. In the current year, the applicant has been enlarged on temporary bail on two occasions in the months of January and May, 2015 and has, in all, enjoyed temporary bail for a period of 17 days. The conduct of the applicant in jail is also good.
5. A perusal of the medical case papers annexed along with the application shows that the cause stated in the application appears to be genuine. Under the circumstances, the court is inclined to exercise discretion in favour of the applicant.
6. The application, therefore, partly succeeds and is accordingly allowed to the following extent. The applicant is ordered to be enlarged on temporary bail for a period of fifteen days from the date of his release subject to 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 report to the jail authorities. Rule is made absolute accordingly. Registry to forthwith communicate this order to the jail authorities.
(HARSHA DEVANI, J.)
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R/CR.MA/23306/2015 ORDER
(G.B.SHAH, J.)
RADHAN
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