Gujarat High Court
Vijaybhai Kantibhai Vegda vs State Of Gujarat & on 11 December, 2015
Bench: Harsha Devani, G.B.Shah
R/CR.MA/22826/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO.
22826 of 2015
In CRIMINAL APPEAL NO. 1713 of 2013
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VIJAYBHAI KANTIBHAI VEGDA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MITTAL N PATEL, ADVOCATE for the Applicant(s) No. 1
MR NIMESH M PATEL, ADVOCATE for the Applicant(s) No. 1
MR NJ SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
and
HONOURABLE MR.JUSTICE G.B.SHAH
Date : 11/12/2015
ORAL ORDER
(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)
1. By this application, which has been filed through his wife, the applicant - convict seeks to be enlarged on temporary bail for a period of 30 days for the purpose of providing medical treatment to his wife who is required to undergo surgery in connection with chronic tonsillitis and deviated nasal septum.
2. Today, Mr. Nimesh Patel, learned advocate for the applicant, has tendered a copy of a certificate issued by Dr. Umang Shukla, Dev Hospital, certifying that Mrs. Jagruti Vijaybhai Vegada, the Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Dec 12 02:21:05 IST 2015 R/CR.MA/22826/2015 ORDER wife of the applicant, is required to undergo tonsillectomy and endoscopic SMR (surgery) on 14.12.2015. Under the circumstances, the cause stated in the application appears to be genuine. The applicant has undergone two years and eight months of imprisonment and during this period, he has already availed temporary bail on two occasions. However, considering the genuineness of the cause, the Court is inclined to exercise discretion in favour of the applicant.
3. The application, therefore, partly succeeds and accordingly allowed to the following extent:
3.1 The applicant - convict is ordered to be enlarged on temporary bail for a period of one week 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. Rule is made absolute accordingly.
[ Harsha Devani, J. ] [ G. B. Shah, J. ] hiren Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Dec 12 02:21:05 IST 2015