Gujarat High Court
Govindbhai Bhilyabhai Nayka ... vs State Of Gujarat & on 1 February, 2013
Author: N.V.Anjaria
Bench: N.V.Anjaria
GOVINDBHAI BHILYABHAI NAYKA THR.SANGITABEN GOVINDBHAI NAYAKA....Applicant(s)V/SSTATE OF GUJARAT R/CR.MA/1796/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 1796 of 2013 In CRIMINAL APPEAL NO. 1297 of 2012 ================================================================ GOVINDBHAI BHILYABHAI NAYKA THR.SANGITABEN GOVINDBHAI NAYAKA....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ================================================================ Appearance: MS SUBHADRA G PATEL, ADVOCATE for the Applicant(s) No. 1 MR. L.R.PUJARI, APP for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA Date : 01/02/2013 ORAL ORDER
1. RULE.
Learned APP Mr. L.R.Pujari, waives service of notice of Rule on behalf of the Respondent-State.
2. The present application is by the wife of the convict-prisoner praying for his release on temporary bail on the ground that mother of the convict-prisoner is admitted in the hospital at Bodeli pursuant to chest pain and cardiologist s treatment is being given to her. It is stated by learned advocate Ms. Patel for the applicant that the mother of the convict-prisoner is admitted in Incentive Care Unit (ICU) and the ailment is serious.
3. Learned APP Mr. Pujari produced the report dated 31.01.2013 of the concerned Bodeli police station, which fortifies the fact that mother of the applicant is under treatment. It further transpires from the report that statements of mother and father were taken and further that the brother of the applicant is mentally unstable. It is the case of the applicant that he is the only person who can help the family and attend the mother to properly treat her, which can be possible only if the temporary bail is granted.
4. The jail record produced by the learned APP is considered. The jail record shows nothing adverse against the applicant. In past the applicant had been released twice on temporary bail and had reported back in time. Learned APP, however, rightly submitted that since an apprehension is expressed in the report of the police authority that the applicant may abscond, if released on temporary bail, stricter condition may be imposed, if temporary bail is granted.
5. Considering the facts and circumstances and since the ground shown is found to be genuine, the convict-prisoner is hereby ordered to be released on temporary bail for a period of 15 days from the date of his actual release on the following terms and conditions.
(i) The applicant shall furnish personal bond of Rs. 10,000/- (Rupees Ten Thousand only) with equivalent surety of like amount before the jail authorities.
(ii) The applicant shall report at Bodeli police station on the next date of his reaching Bodeli and thereafter mark his presence twice in a week.
(iii) The applicant shall not abuse the liberty in any manner and shall maintain law and order during this period.
(iv) The applicant shall surrender himself before the jail authority immediately on expiry of temporary bail period.
6. Rule is made absolute accordingly. Direct service permitted.
(N.V.ANJARIA, J.) cmjoshi Page 3 of 3