Firozkhan Hasamkhan Pathan @ Bobdo ... vs State Of Gujarat on 2 January, 2015

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Gujarat High Court

Firozkhan Hasamkhan Pathan @ Bobdo ... vs State Of Gujarat on 2 January, 2015

Bench: K.J.Thaker

         R/CR.MA/27/2015                             ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 27 of 2015
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   FIROZKHAN HASAMKHAN PATHAN @ BOBDO THRO' FEMIDABANU
                FIROZKHAN PATHAN....Applicant(s)
                            Versus
               STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
PARTY-IN-PERSON, PERSONAL CAPACITY for the Applicant(s) No. 1
MR JK SHAH, APP for the Respondent(s) No. 1
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        CORAM: HONOURABLE MR.JUSTICE K.J.THAKER

                           Date : 02/01/2015


                            ORAL ORDER

1. Rule. Learned APP Mr.J.K.Shah, waives service of Rule on behalf of State respondent.

2. The undertrial prisoner has filed present application through his wife seeking temporary bail for a period of 30 days on the ground of carrying out medical treatment of his wife, who is suffering from bleeding per rectum and hemorrhoids and she is advised colonoscopy and MIPN surgery, which is scheduled on 06th January, 2015. In support of his submission, medical certificate dated 31.12.2014 is annexed with the application.

3. The undertrial prisoner has approached this Court as the trial Court do not even consider the case of temporary bail. I have perused the medical papers. As Page 1 of 2 R/CR.MA/27/2015 ORDER exceptional case, present application is allowed and the undertrial prisoner is ordered to be released with effect from 05th January, 2015 on temporary bail for a period of thirty days on his furnishing a personal bond of Rs.10,000/(Rupees Ten Thousand only) before the jail authority on usual terms and conditions. He shall mark his presence before the nearest police station once in a week and shall furnish his residential address to the jail authorities as well as to the concerned police station. On completion of period of temporary bail, the convict shall surrender before the concerned Jail authority forthwith. It is made clear that before approaching this Court, the undertrial prisoner may approach the trial Court and the trial Court shall not mechanically reject such application if filed.

Rule is made absolute to the aforesaid extent. Direct Service is permitted.

(K.J.THAKER, J) Suchit Page 2 of 2

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