Zoheb @ Juheb Ansari vs State Of Gujarat on 29 March, 2023

[Cites 1, Cited by 0]

Gujarat High Court

Zoheb @ Juheb Ansari vs State Of Gujarat on 29 March, 2023

Bench: A.Y. Kogje

     R/CR.A/462/2023                                  ORDER DATED: 29/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL APPEAL NO. 462 of 2023

==========================================================
                            ZOHEB @ JUHEB ANSARI
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR AMIT D SHAH(11232) for the Appellant(s) No. 1
MS KHUSHBU R SHAH(11864) for the Appellant(s) No. 1
MR KSHITIJ AMIN, ADVOCATE for the Opponent(s)/Respondent(s) No. 3
MS JIRGA JHAVERI, APP for the Opponent(s)/Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
       and
       HONOURABLE MR. JUSTICE M. R. MENGDEY

                                Date : 29/03/2023

                         ORAL ORDER

(PER : HONOURABLE MR. JUSTICE M. R. MENGDEY)

1. The present application under the provision of Section 21 of the NIA Act has been preferred by the appellant with a prayer to release him on temporary bail for a period of 30 days on the ground of medical treatment (spinal cord operation) of his brother.

2. Learned advocate for the appellant submits spinal cord operation of brother of the appellant is required to be performed and recently, brother of the appellant has also diagnosed with cancer. The presence of the appellant is very much necessary for taking care of his ailing brother. Therefore, he urges for temporary bail.

Page 1 of 3 Downloaded on : Wed Mar 29 20:46:34 IST 2023

R/CR.A/462/2023 ORDER DATED: 29/03/2023

3. Mr.Khitij Amin, learned advocate for the respondent no.3 opposed the present appeal for grant of temporary bail by submitting that the factum of the application has been verified by the investigating agency and upon verification, it is found that neither the date of operation of brother of the appellant is fixed nor charges for the same have been paid by the brother of the appellant. He further submits that the conduct of the present appellant in jail is not good. He also submits that the appellant had threatened the learned Public Prosecutor appearing before the Trial Court and an application in this regard has also been given before the Trial Court. He, therefore, prays to dismiss the present appeal.

4. Heard learned advocates for the parties. The present appeal has been filed by the appellant praying for temporary bail on the medical ground i.e. spinal cord operation of brother of the appellant. The ground mentioned the appeal has been verified by the investigating agency. The treating Doctor has also issued certificate dated 27.03.2023. As per the said certificate, neither the date of operation is fixed nor any operating charges have been deposited for the same. So far as the diagnosis of the brother of the appellant suffering from cancer is concerned, the concerned Doctor has merely voiced apprehension that he may be suffering from Cancer. There is no conclusive proof in that regard.

5. Learned APP has also produced on record the jail report of the appellant. Considering the jail remarks, it appears that the conduct of the present appellant in the jail is not good. It also Page 2 of 3 Downloaded on : Wed Mar 29 20:46:34 IST 2023 R/CR.A/462/2023 ORDER DATED: 29/03/2023 appears that he has been shifted from one jail to another because of his conduct in jail. Even while in jail, the appellant has threatened the learned PP appearing before the Trial Court.

6. Considering the aforesaid aspects, the present appeal being devoid of any merit deserves to be dismissed and accordingly, the same stands dismissed.

(A.Y. KOGJE, J) (M. R. MENGDEY,J) GIRISH Page 3 of 3 Downloaded on : Wed Mar 29 20:46:34 IST 2023

Unlock Advanced Research with PRISMAI

Gujarat High Court