Gujarat High Court
Pinalku Rameshbhai Patel vs State Of Gujarat & on 23 June, 2017
Author: Abhilasha Kumari
Bench: Abhilasha Kumari, A.J. Shastri
R/CR.MA/15934/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 15934 of
2017
In CRIMINAL APPEAL NO. 785 of 2015
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PINALKU RAMESHBHAI PATEL....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR RONAK RAVAL APP for the Respondent(s) No. 1
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 23/06/2017
ORAL ORDER
(PER : HONOURABLE SMT. JUSTICE ABHILASHA KUMARI)
1. Rule. Mr.Ronak Raval, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent State.
2. This application dated 09.06.2017 has been preferred by the applicant, through jail, with a prayer to release him on temporary bail for a period of 45 as he would like to get himself operated for 'Hernia'.
3. The applicant is undergoing imprisonment for ten years for the offences punishable under Sections 8(c) read with Page 1 of 3 HC-NIC Page 1 of 3 Created On Sun Aug 20 04:05:32 IST 2017 R/CR.MA/15934/2017 ORDER Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act.
4. We have perused the averments made in the application as well as medical certificate dated 16.06.2017 issued by Dr.S.S.Srivastava, Medical Officer, Ahmedabad Central Jail. It is stated in the certificate that applicant was sent to Civil Hospital, Ahmedabad on 22.08.2015 and advised for admission and operation but he refused to get himself admitted and operated. He was again sent to Surgical Department on 12.12.2015 and advised to get himself admitted and operated for which again he refused. Lastly on 09.11.2016, the applicant visited Jail Dispensary with the complaint of pain in left sided inguinal hernia. He was given medical treatment by the Jail Surgeon.
5. From the perusal of the application and the medical certificate, it appears that applicant does not want to get operated in jail but wants to have the operation performed in a private clinic, at his own expenses. The jail remarks pertaining to the applicant indicate that his conduct in jail is good as on previous occasion when he was released on temporary bail he surrendered on time.
6. Taking into consideration reasons stated in the application, we consider to partly grant the prayer made in the application. Hence, we pass the following order:
The applicant shall be released on temporary bail for a period of 10 (ten) days from the date of his actual release upon furnishing personal bond of Rs.5,000/- (Rupees Five Page 2 of 3 HC-NIC Page 2 of 3 Created On Sun Aug 20 04:05:32 IST 2017 R/CR.MA/15934/2017 ORDER Thousand only) and upon the usual terms and conditions, to the satisfaction of the concerned Jail authority. Upon expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith.
7. The application is allowed, in the above terms. Rule is made absolute to the above extent.
(SMT. ABHILASHA KUMARI, J.) (A.J. SHASTRI, J.) Amit Page 3 of 3 HC-NIC Page 3 of 3 Created On Sun Aug 20 04:05:32 IST 2017