Gujarat High Court
Narsinhbhai vs State on 26 April, 2011
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
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CR.MA/4822/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4822 of 2011
In
CRIMINAL
APPEAL No. 189 of 2011
=====================================
NARSINHBHAI
ATMARAMBHAI KOLI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=====================================
Appearance
:
MS DILBAR CONTRACTOR for MR PR
NANAVATI for Applicant(s) : 1,
MR KARTIK PANDYA, APP for
Respondent(s) : 1,
None for Respondent(s) :
2,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P. P. BHATT
Date
: 26/04/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) 1.0 Heard learned advocate Ms. Dilbar Contractor for the applicant - convict.
2.0 Present application is filed seeking Temporary Bail for a period of 30 days as the elder brother of the applicant - convict has suffered serious ailment - 'Pituitary Adenoma (Pituitary Tumor) - Acronegaly / Gigantism with severe LV dysfunction - dilated cardiomyopathy'.
2.1 The learned advocate for the applicant submitted that initially the brother of the applicant - convict was admitted in the V.S. Hospital but later on he was shifted to Navjivan Doctor House on Sanand - Bavla Road.
3.0 Rule.
Learned Additional Public Prosecutor Mr. Pandya waives service of process of Rule.
4.0 Learned Additional Public Prosecutor made available for perusal the Jail Remarks. The learned Additional Public Prosecutor submitted that the applicant - convict is convicted by judgment and order dated 3rd January 2011 and he is awarded life imprisonment with a fine of Rs.10,500/-, in default to undergo 07 months' imprisonment. By 16th April 2011, he has undergone imprisonment of only 02 years, 07 months and 01 day and he has not enjoyed any Temporary Bail or Furlough so far. Therefore, in the event, the Court considers the application of the applicant - convict favourably, some stricter conditions may be imposed.
5.0 Having heard the learned advocate for the applicant - convict the application is allowed. The convict is ordered to be released on Temporary Bail for a period of 20 days from the date of his release, on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand only) with two sureties of Rs.5,000/- (Rupees Five Thousand only) each to the satisfaction of the jail authorities.
5.1 Besides, the applicant - convict shall report to the nearest Police Station of his stay (if he is in hospital, he can report to the nearest Police Station to the hospital) on every 4th day.
5.2 In the event the brother of the convict continues to be in critical condition then it will be open for the applicant - convict to apply for extension of bail.
5.3 The applicant - convict shall surrender to the jail authorities on expiry of the Temporary Bail period.
5.4 Rule is made absolute to the aforesaid extent. Direct service is permitted.
[ Ravi R. Tripathi, J. ] [ P. P. Bhatt, J. ] hiren Top