Gujarat High Court
Mukeshbhai Savjibhai Vaghela vs State Of Gujarat & on 24 February, 2016
Author: Harsha Devani
Bench: Harsha Devani, G.R.Udhwani
R/CR.MA/2454/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 2454 of
2016
In CRIMINAL APPEAL NO. 1200 of 2014
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MUKESHBHAI SAVJIBHAI VAGHELA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS MAITHILI MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
and
HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 24/02/2016
ORAL ORDER
(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)
1. By this application, which has been filed through the jail authorities, the applicant-convict seeks temporary bail for a period of 30 days for the purpose of providing medical treatment to his mother.
2. Ms. Maithili Mehta, learned Additional Public Prosecutor has placed on record a verification report submitted by the concerned police station which reveals that the applicant's mother is required to undergo hysterectomy in connection with her ailment.
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R/CR.MA/2454/2016 ORDER
3. A perusal of the jail record of the applicant reveals that he has undergone two years, two months and eight days of imprisonment. On an earlier occasion, the applicant was enlarged on temporary bail for the purpose of providing medical treatment to his mother. It appears that now the applicant's mother is required to undergo surgery. Having regard to the facts of the case, it appears that the cause stated in the application is genuine. Under the circumstances, the court is inclined to exercise discretion in favour of the applicant.
4. 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 fifteen days from the date of his release upon his 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.
5. Rule is made absolute accordingly.
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