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CR.MA/2099/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2099 of 2011
In
CRIMINAL
APPEAL No. 1018 of 2006
=====================================
RAMESH
PITHABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=====================================
Appearance
:
THROUGH JAIL for Applicant(s) :
1,
MR KP RAVAL, APP for Respondent(s) : 1,
None for
Respondent(s) : 2,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P. P. BHATT
Date
: 22/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1.0 Present
application is filed by the applicant – convict through jail
requesting to regularize the late surrender of the the convict after
he was released on Temporary Bail by the order of this Court. He was
released on Temporary Bail for 14 days from
1st January
2011. He surrendered late by 15 days, on
29th January
2011.
2.0 Learned
Additional Public Prosecutor Mr. Raval invited the attention of the
Court to reason set out by the convict in the application. The
convict has set out that while he was working in the ‘Press
Department’ of the jail on a ‘Paper Cutting Machine’, he sustained
injury on his right hand thumb. He was given treatment in SSG
Hospital for the same. He was also operated in the hospital, but, as
he required further treatment, he prayed for 15 days’ Temporary Bail
before the Court and the Court granted the same. It is further
stated in the application further that, while he was taking
treatment, his thumb was again operated and there was a ‘skin
grafting’ from finger to the thumb and he was not able to perform his
daily routine and therefore, he could not surrender to the jail
authorities in time and surrendered late by 15 days, of his own. The
only lapse on the part of the applicant is that, he did not intimate
to the jail authorities and he did not come to this Court for
extension of Temporary Bail at the relevant time.
3.0 Rule.
Learned Additional Public Prosecutor Mr. Raval waives service of
process of Rule.
4.0 Taking
into consideration the aforesaid contents and taking a liberal
approach in the matter, the application is allowed. Late surrender
of 15 days is hereby regularized by ordering retrospective Temporary
Bail for that period.
4.1 Rule
is made absolute.
[
Ravi R. Tripathi, J. ]
[
P. P. Bhatt, J. ]
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