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Gujarat High Court

Rajendrasinh Chandrasinh Solanki ... vs State Of Gujarat on 7 June, 2018

Author: A.Y. Kogje

Bench: A.Y. Kogje

        R/CR.MA/10587/2018                                      ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         R/CRIMINAL MISC.APPLICATION NO. 10587 of 2018
==========================================================
    RAJENDRASINH CHANDRASINH SOLANKI THROUGH NAMRATA
                      SUNILBHAI SOLANKI
                            Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR SHAILESH V RAVAL(2953) for the PETITIONER(s) No. 1,2
for the RESPONDENT(s) No. 2
MR LB DABHI, APP for the RESPONDENT(s) No. 1
==========================================================
 CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
                    Date : 07/06/2018
                      ORAL ORDER

1. Rule. Learned APP waives service of notice of Rule for the respondent - State.

2. Learned advocate for the applicant makes a statement that Criminal Miscellaneous Application No.3745 of 2018 filed before the Sessions Court, Ahmedabad will be withdrawn.

3. Learned advocate for the applicant does not press this application qua the applicant no.1

-Rajendrasinh Chandrasinh Solanki.

4. The application stands disposed of as not pressed qua the applicant no.1. Rule is discharged qua the applicant no.1. Page 1 of 3

R/CR.MA/10587/2018 ORDER

5. Learned advocate for the applicant further submits that both - husband Rajendrasinh Solanki and wife Gitaba Solanki are in jail and their daughter Archikuvarba Solanki is required to be operated for removal of fibroids by laparoscopy surgery. He further submits that she is the only daughter and they have also a grand daughter and therefore, at the time of surgery, the presence of the applicant no.2 - mother would be necessary.

6. Learned APP, upon instruction, submits that the applicant no.2 - mother as and when was released on temporary bail earlier, had absconded and had surrendered only after being arrested.

7. Considering urgency insofar as the surgery of only the daughter is concerned and that she herself is having a minor daughter, who is required to be taken care of when she undergoes the surgery, the present application qua the applicant no.2 is required to be taken into consideration.

Page 2 of 3

R/CR.MA/10587/2018 ORDER

8. In view of the above, the applicant no.2 - Gitaba Rajendrasinh Solanki is ordered to be released on temporary bail for a period of TEN DAYS from the date of her actual release, on her furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand Only) to the satisfaction of the jail authority, on the usual terms and conditions and on the conditions that:

(1) While the applicant is on temporary bail, she shall mark her presence at Odhav Police Station once.
(2) The applicant-convict shall surrender before the jail authority on expiry of the temporary bail period.

9. The application is partly allowed in the aforesaid terms. Rule is made absolute.

10. Registry to communicate this order to the concerned jail authority, forthwith.

(A.Y. KOGJE, J) MOHMMEDSHAHID Page 3 of 3