Parmar Pravinsinh Chanduji vs State Of Gujarat on 6 January, 2021

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Gujarat High Court

Parmar Pravinsinh Chanduji vs State Of Gujarat on 6 January, 2021

Bench: A.J.Desai, A.C. Rao

        R/CR.A/1435/2019                                       IA ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     CRIMINAL MISC.APPLICATION (TEMPORARY BAIL) NO. 1 of 2021
               In R/CRIMINAL APPEAL NO. 1435 of 2019
=============================================

PARMAR PRAVINSINH CHANDUJI Versus JAIL SUPERINTENDENT ============================================= Appearance:

for the PETITIONER(s) No. MS GAYATRIBA B JADEJA for the PETITIONER(s) No. MR RC KODEKAR, ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No. ============================================= CORAM: HONOURABLE MR. JUSTICE A.J.DESAI and HONOURABLE MR. JUSTICE A.C. RAO Date : 06/01/2021 IA ORDER (PER : HONOURABLE MR. JUSTICE A.J.DESAI)

1. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent - State.

2. By way of the present application, the applicant - convict has prayed to release him on temporary bail on the ground of medical treatment of his wife.

3. We have gone through the Jail record of the applicant convict and perused the documents produced along with the application as well as considered the averments made in this application. The applicant is convicted mainly for the offence punishable under Section 302 of the Indian Penal Code and ordered to undergo life imprisonment. As per the Jail record, he has undergone sentence of about 4 years. We have also considered the fact that in past, whenever released, he has surrendered in time. His jail conduct is found to be good.

4. Considering the aforesaid facts and circumstances of the case Page 1 of 2 Downloaded on : Thu Jan 07 01:27:51 IST 2021 R/CR.A/1435/2019 IA ORDER and looking to the jail record of the convict and considering the case of the applicant that his wife requires surgery for knee replacement as also considering the medical certificate issued by Dr. Jignesh M. Patel, Orthopedic Surgeon, we are of the opinion that the application requires consideration and the same is allowed.

The convict shall be released on temporary bail for a period of THREE WEEKS from the date of his actual release, on executing personal bond of Rs.10,000/ (Rupees Ten Thousand Only) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority. The applicant convict to surrender before the Jail Authority on completion of temporary bail period, without fail. The applicant shall supply the certificate from said Dr. Jignesh M. Patel, Orthopedic Surgeon about the surgery undertaken during the temporary bail period. Rule is made absolute to the aforesaid extent.

5. After the completion of temporary bail period, the Jail Authorities shall admit the applicant in jail after strictly following the Circular dated 03.06.2020 relating to COVID19 issued by the Superintendent of Jail, Ahmedabad.

Registry is directed to communicate this order to the concerned Jail Authority by fax / email message forthwith.

(A.J.DESAI, J) (A. C. RAO, J) Ajay Page 2 of 2 Downloaded on : Thu Jan 07 01:27:51 IST 2021

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Gujarat High Court