Gujarat High Court
Raval Savitaben Lilabhai vs State Of Gujarat & on 22 December, 2015
Author: Harsha Devani
Bench: Harsha Devani, G.B.Shah
R/CR.MA/24512/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 24512 of
2015
In CRIMINAL APPEAL NO. 1488 of 2011
==========================================================
RAVAL SAVITABEN LILABHAI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
==========================================================
Appearance:
THROUGH JAIL for the PETITIONER(s) No. 1
MS HANSA PUNANI ADDITIONAL PUBLIC PROSECUTOR for the
RESPONDENT(s) No. 1-2
==========================================================
CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
and
HONOURABLE MR.JUSTICE G.B.SHAH
Date : 22/12/2015
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 60 days for the purpose of undergoing cataract surgery.
Page 1 of 2
HC-NIC Page 1 of 2 Created On Wed Dec 23 02:20:52 IST 2015
R/CR.MA/24512/2015 ORDER
3. Heard Ms. Hansa Punani, learned Additional Public Prosecutor for the respondents.
4. A perusal of the jail record of the applicant reveals that she has undergone more than five years and eight months imprisonment. During the said period, the applicant has been enlarged on temporary bail only on two occasions. The certificate issued by the Medical Officer, Ahmedabad Central Jail, which is annexed along with the application, reveals that the cause stated in the application is genuine. Under the circumstances, the court is inclined to exercise discretion in favour of the applicant.
5. The application, therefore, partly succeeds and is, accordingly, allowed to the following extent :
The applicant-convict is ordered to be enlarged on temporary bail for a period of thirty days from the date of her release upon her executing a bond in the sum of Rs.5,000/- (rupees five thousand) to the satisfaction of the jail authorities on the 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.
(HARSHA DEVANI, J.) (G.B.SHAH, J.) zgs Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Dec 23 02:20:52 IST 2015