Gujarat High Court
Gautambhai Chandubhai Patel vs State Of Gujarat on 2 August, 2011
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 9282 of 2001
in
CRIMINAL MISC.APPLICATIONNo 8011 of 2001
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GAUTAMBHAI CHANDUBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
1. Criminal Misc.Application No. 9282 of 2001
MS JAYSHREE C BHATT for Petitioner No. 1
MR PR ABICHANDANI, APP for Respondent No. 1
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CORAM : MR.JUSTICE R.P.DHOLAKIA
Date of Order: 09/01/2002
ORAL ORDER
Rule. Mr.P.R.Abichandani, learned APP waives service of rule on behalf of State.
2.Heard learned counsel for the petitioner. Petitioner is facing the offence punishable under sec.302 of IPC. He has been granted temporary bail by this Court (Coram: A.L.Dave,J.) vide order dated 19-10-2001 from 23-10-2001 for a period of six weeks and thereafter he has filed the present petition for extension of temporary bail wherein this Court (Coram: N.G.Nandi, J.) vide order dated 5-12-2001 issued notice.
3.It is to be noted that Dr.Pradeep Natvarlal Panwala, M.S., in his statement has categorically stated before the authority that father of the petitioner is a patient of paralysis which was due to high blood pressure and he is required to be operated by Neuro-Surgeon. In support of his statement, he has not produced any satisfactory evidence. But the opinion of the doctor is required to be accepted and same is given weightage by this Court. It is not known as to whether before issuing such a certificate he has referred the patient to any Neuro-Surgeon and the patient has been advised to have the MRI or CT-Scan done and if yes, petitioner is at liberty to produce the same before the Court for the purpose of extension of temporary bail.
4.Without entering into the merits or demerits of the matter, only relying upon the statement of Dr.Pradeep Natvarlal Panvala, M.S., Consulting Surgeon, having his hospital Opposite Hodi Bungalow, Ved Darvaja, Surat, petitioner Gautambhai Chandubhai Patel, who is in jail in connection with offence registered as C.R.No.I-50 of 2001 at Pandesara Police Station is directed to be released on temporary bail for a period a period of ten days from the date of his release on personal bond of Rs.5,000/(Rupees Five Thousand only) on the following conditions:
a) Mark his presence on every alternate day before the concerned Police Station;
b) he is at liberty to apply for extension of temporary bail if occasion arises together with satisfactory evidence to this Court failing which, he shall report back to Jail authority immediately after the period of ten days is over;
c) during the above period, he shall not try to tamper or pressurise the prosecution witnesses in any manner;
d) he shall maintain law and order;
d) he shall not take undue advantage of liberty or abuse his liberty.
If breach of any of the above conditions is committed, learned Sessions Judge, Surat will be free to issue warrant or take appropriate action in the matter.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
Fax message received from the office of Police Commissioner, Surat City dated 11-12-2001 addressed to Public Prosecutor is ordered to be taken on record. (R.P.DHOLAKIA,J.) radhan/