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CR.MA/3533/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3533 of 2010
In
CRIMINAL
APPEAL No. 481 of 2006
=========================================================
DHARSHIBHAI
KHODABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
JAYSHREE C BHATT for
Applicant(s) : 1,
MR HH PARIKH, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 10/05/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Rule.
Mr. Parikh, learned APP waives service of notice of Rule for the
respondent State.
When
the matter is called out, learned advocate for the applicant is not
present.
The
applicant prisoner seeks temporary bail on ground of his own ailment.
The medical certificate dated 9.5.2010 issued by the Medical
Officer, Central Jail Dispensary, Ahmedabad indicate that the
applicant has been suffering from fracture Tibia Fibula (leg)
upper 1/3 right side with infection without DNVD and still he is not
getting relief. The expert doctors of the Civil Hospital, Ahmedabad
have also examined him on 8.5.2010 and has again called on 12.5.2010
for further treatment. The applicant was earlier released on
temporary bail on this very count. The cause having found to be
genuine. Under the circumstances, we are inclined to entertain this
application.
The
application is allowed. The applicant shall be released on temporary
bail for a period of two months on his executing a personal bond of
Rs.2000/- (Rupees two thousand only) before the jail authorities, on
condition that he shall confine himself to the State. Rule is made
absolute accordingly.
Direct
service is permitted.
(A.L.
DAVE, J)
(BANKIM.N.MEHTA,
J)
shekhar/-
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