Gujarat High Court
Arvindbhai Nathubhai Rathod vs State Of on 24 June, 2013
Author: A.J.Desai
Bench: A.J.Desai
ARVINDBHAI NATHUBHAI RATHOD....Applicant(s)V/SSTATE OF GUJARAT....Respondent(s) R/CR.MA/8967/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 8967 of 2013 ================================================================ ARVINDBHAI NATHUBHAI RATHOD....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ================================================================ Appearance: MR MP SHAH, ADVOCATE for the Applicant(s) No. 1 MS. KRUTI M SHAH, ADVOCATE for the Applicant(s) No. 1 MR NEERAJ SONI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 24/06/2013 ORAL ORDER
1.0 By way of present application, the applicant has prayed to release him on temporary bail in connection with FIR registered as C.R. No. I- 59 of 2012 with Mandvi Police Station, Surat for the offences punishable under Sections 302, 201 and 114 of the Indian Penal Code on the ground of his sickness.
2.0 Pursuant to the order dated 17.06.2013, learned Additional Public Prosecutor has placed the certificate dated 18/20.06.2013 issued by the Medical Officers, Lajpor Central Jail, Surat relying upon the medical report and on the basis of treatment given at hospitals. It appears from the said certificate that the applicant is suffering from heart disease and a pace maker is implant in the body. The applicant was time and again taken to the Government hospital, Surat. Lastly he was admitted in New Civil Hospital, Surat on 07.06.2013 and discharged on 08.06.2013. It is observed that the applicant was advised for CABG by U.N Mehta, Institute of Cardiology and Research Centre, Ahmedabad and the date of operation was fixed on 22.06.2013.
3.0 Ms. Kruti Shah, learned advocate appearing for the applicant submitted that the applicant wants to take medical treatment of private doctors since he is suffering from heart disease.
4.0 Heard learned advocates for the parties and perused the medical certificate. Considering the facts and circumstances of the case, I am of the opinion that the application requires consideration and the same is accordingly allowed. The applicant is ordered to be released on temporary bail for a period of Two weeks from the date of his actual release, on executing personal bond of Rs.25000/- with local surety of the like amount to the satisfaction of the Jail Authority. The applicant to surrender before Jail Authority on completion of the temporary bail without fail. The applicant shall also mark his presence with Bardoli Police Station on the date of his release. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) niru* Page 3 of 3