Gujarat High Court
Komalben W/O Arunbhai Parmar vs State Of Gujarat on 13 July, 2021
Author: Sonia Gokani
Bench: Sonia Gokani, Rajendra M. Sareen
R/CR.A/866/2020 IA ORDER DATED: 13/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (TEMPORARY BAIL) NO. 5 of
2021
In R/CRIMINAL APPEAL NO. 866 of 2020
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KOMALBEN W/O ARUNBHAI PARMAR THRO KISHORBHAI GHELABHAI SHEKHA Versus JAIL SUPERINTENDENT ============================================= Appearance:
MS.AKSHITABA SOLANKI for the PETITIONER(s) No. MS. C.M. SHAH, APP for the RESPONDENT(s) No. ============================================= CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN Date : 13/07/2021 IA ORDER (PER : HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN)
1. Rule returnable forthwith. Ms. Shah, learned APP waives service of notice of rule on behalf of the respondent - State.
2. This is an application by the applicants, who are original accused convicted for life imprisonment for the offences punishable under Sections 302, 303, 304, 305, 307 and 311 by the Sessions Judge, Ahmedabad in Sessions Case no.681 of 2018 on 15 th February, 2020 praying for 30 days of temporary bail on the ground that father of the applicant no.1 and husband of the applicant no.2 requires medical treatment as he is suffering from "inguinal Hernia"
and the applicants will have to arrange doctor for the medical treatment.
3. It is pertinent to note that during the hearing of this application, learned advocate for the applicant no.1 has not pressed Page 1 of 3 Downloaded on : Sat Jul 17 07:00:36 IST 2021 R/CR.A/866/2020 IA ORDER DATED: 13/07/2021 this application and such application can be disposed of qua the applicant no.1.
4. Heard Ms. Shah, learned APP for the respondent-State. Upon hearing learned APP and considering the jail remarks qua applicant no.2, it appears that she has undergone 3 years of sentence and was lastly released on special Diwali parole leave from 12 th November, 2020 to 21st November, 2020 and the conduct in the jail is found to be good.
5. Noticing the genuine reason assigned by the applicant and the fact that the husband of the applicant no.2 is required to be treated for the ailment of Harnia and her presence is required at the time of treatment of her husband, we inclined to allow this application qua applicant no.2 only and this application is disposed of as not pressed qua applicant no.1.
6. Let her test of COVID-19 virus be carried out and only subject to his testing negative, this order shall operate in his case.
7. Resultantly, we are inclined to consider the request of the applicant no.2-convict for a period of 15 days from the date of her actual release, on her executing the personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) and furnishing one surety of the like amount before the jail authority concerned.
7.1 While on temporary bail, (i) the applicant shall in any manner, not act in contravention to the prevalent law; (ii) the applicant shall maintain law and order and shall follow the guidelines issued by the Government in the present times of COVID-19; (iii) the applicant shall not move out of the State of Gujarat during the temporary bail period; (iv) the applicant shall not contact any of the prosecuting Page 2 of 3 Downloaded on : Sat Jul 17 07:00:36 IST 2021 R/CR.A/866/2020 IA ORDER DATED: 13/07/2021 witnesses.
8. The applicant shall surrender before the jail authorities in time.
8.1 On her return, all the protocols shall be scrupulously followed, which are required to be maintained by the jail authority.
9. Present application is allowed accordingly. Rule is made absolute to the aforesaid terms.
10. Registry is directed to send this order to the jail authority concerned through e-mode which, in turn, shall communicate the same to the person concerned.
(SONIA GOKANI, J.) (RAJENDRA M. SAREEN, J.) AMAR RATHOD...Page 3 of 3 Downloaded on : Sat Jul 17 07:00:36 IST 2021