Gujarat High Court
Haresh @ Hariyo Jivanlal @ Agarsing ... vs State Of Gujarat & on 2 February, 2018
Author: Harsha Devani
Bench: Harsha Devani, A.S. Supehia
R/CR.MA/2495/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 2495 of
2018
In
CRIMINAL APPEAL NO. 1708 of 2012
==========================================================
HARESH @ HARIYO JIVANLAL @ AGARSING RATHOD
(CHHARA)....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
==========================================================
Appearance:
MS GAYATRIBA B JADEJA, ADVOCATE for the Applicant(s) No. 1.
Mr.CHINTAN DAVE, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1.
==========================================================
CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
and
HONOURABLE MR.JUSTICE A.S. SUPEHIA
Date : 02/02/2018
ORAL ORDER
(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) By this application the applicant convict seeks to be enlarged on temporary bail for a period of 30 days as his wife has been admitted to the Civil Hospital at Ahmedabad and is suffering from the effects of paralysis, etc.
2. Mr.Chintan Dave, learned Additional Public Prosecutor has placed on record communication dated 2.2.2018, in original, addressed by the R.M.O., Civil Hospital, Ahmedabad to the Police Sub Inspector, Naroda Police Station, Ahmedabad, which indicates that the applicant's wife had been admitted to Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Feb 02 23:08:17 IST 2018 R/CR.MA/2495/2018 ORDER the Civil Hospital and was suffering from the effects of paralysis in both the legs. After three cycles of plasmapheresis, she is able to walk with support. However, the last two cycles remain, whereafter, if there are no further complications, after three or four days, after advising exercise at home, she would be discharged.
3. Thus, it appears that the cause stated in the application is genuine. Under the circumstances, the Court is inclined to exercise discretion in favour of the applicant.
4. The application, therefore, succeeds and is partly allowed to the following extent:
5. The applicant convict is ordered to be enlarged on temporary bail for a period of 3 (three) days from the date of his release upon his executing a bond in the sum of Rs.5,000 (Rupees five thousand only) to the satisfaction of the Jail authorities on the usual terms and conditions. Upon completion of the period of temporary bail, the applicant shall forthwith report to the Jail authorities. Rule is made absolute accordingly. Direct services is permitted.
(HARSHA DEVANI, J.) (A. S. SUPEHIA, J.) karim Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Feb 02 23:08:17 IST 2018