Gujarat High Court
Dinesh Ghoghabhai Varaniya Through ... vs State Of Gujarat & on 10 August, 2017
Author: Abhilasha Kumari
Bench: Abhilasha Kumari, A.J. Shastri
R/CR.MA/19730/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION
(FOR TEMPORARY BAIL)
NO. 19730 of 2017
In
CRIMINAL APPEAL NO. 82 of 2016
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DINESH GHOGHABHAI VARANIYA THROUGH VINUBEN DINESHBHAI
VARANIYA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MS.K.D.PARMAR, ADVOCATE for
MS ALKA B VANIYA, ADVOCATE for the Applicant
MR RONAK RAVAL, APP for the Respondent
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 10/08/2017
ORAL ORDER
(PER : HONOURABLE SMT. JUSTICE ABHILASHA KUMARI)
1. Rule. Mr.Ronak Raval, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent State.
2. This application has been preferred by the wife of the Page 1 of 4 HC-NIC Page 1 of 4 Created On Mon Aug 21 16:30:31 IST 2017 R/CR.MA/19730/2017 ORDER prisoner with a prayer to release the prisoner on temporary bail for a period of 30 days in order to manage the finances for the operation of his brother, who was recently admitted in the hospital for acute appendicitis on 01.08.2017 and operated for the same on 02.08.2017. It is stated in the application that though the brother of the prisoner had been discharged on 04.08.2017, however, as there is no male member in the family to take care of the expenses of the operation, the prayer made in the application may be considered.
3. The applicant is undergoing life imprisonment for the offence punishable under Section 302 of the Indian Penal Code and Section 135 of the Gujarat Police Act.
4. Heard Ms.K.D.Parmar, learned advocate for Ms.Alka Vaniya, learned advocate for the applicant and Mr.Ronak Raval, learned Additional Public Prosecutor for the respondent
- State and perused the averments made in the application. A certificate dated 02.08.2017 of Laparoscopy - Endoscopy Surgical Hospital, Morbi issued by Dr.R.M.Bhut, M.S. (Surgeon) is annexed to the application, wherein it is stated that the patient was hospitalised on 01.08.2017 and operated for acute appendicitis on 02.08.2017 and would be discharged on 04.08.2017.
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R/CR.MA/19730/2017 ORDER
5. Taking into consideration the reasons stated in the application and as the jail remarks pertaining to the applicant indicate that his conduct in jail is good and except for one occasion when he surrendered late by six days, the applicant has surrendered on time previously, we are inclined to partly grant the prayer made in the application. Hence, we deem it proper to pass the following order:
The applicant shall be released on temporary bail for a period of 07 days from the date of his actual release upon furnishing a personal bond of Rs.5,000/- (Rupees Five Thousand only) and upon the usual terms and conditions, to the satisfaction of the concerned Jail authority.
Upon expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith.
6. The application is allowed, in the above terms. Rule is made absolute to the above extent.
Direct service of this order is permitted.
(SMT. ABHILASHA KUMARI, J.)
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R/CR.MA/19730/2017 ORDER
(A.J. SHASTRI, J.)
Amit
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