IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 2021 of 1997
in
CRIMINAL MISC.APPLICATIONNo 3 of 1997
--------------------------------------------------------------
BABUBHAI DHANJIBHAI PATEL
Versus
STATE OF GUJARAT
--------------------------------------------------------------
Appearance:
MR PM DAVE for Petitioner
MR ND GOHIL ADDL. PUBLIC PROSECUTOR for Respondent No. 1
--------------------------------------------------------------
CORAM : MR.JUSTICE K.R.VYAS
Date of Order: 11/04/97
ORAL ORDER
Leave to amend the prayer clause.
Rule. Mr ND Gohil learned APP waives service of
rule.
It is not in dispute that the petitioner is
suffering from Kidney problem and at present he is under
the treatment of Dr VK Subramaniam of Mumbai. The
petitioner has been released on temporary bail right from
the year 1994 on various occassions. The last order was
passed by this Court (Coram: AR Dave, J.) on 15.1.1997
in Misc. Criminal Application No. 3 of 1997 after
considering the report of the Institute of Kidney
Diseases & Research Centre, Civil Hospital, Ahmedabad
wherein it has been stated that the institute has no
facility to give the treatment required by the
petitioner. In view of this, this Court has granted
temporary bail to the petitioner up to 15.4.1997.
Considering the medical report of the petitioner, I am
of the view that the petitioner is entitled to be
released on regular bail. In view of this, the present
application is allowed. The petitioner is ordered to be
released on bail on his executing a bond of Rs 10,000/
(Rs. Ten Thousand only) with one surety in the like
amount to the satisfaction of the lower court and subject
to the conditions that he shall;
(a) not take undue advantage of his liberty or misuse
his liberty;
(b) not act in a manner injurious to the interest of
the prosecution;
(c) maintain law and order;
(d) will not enter Rajkot taluka;
(e) mark his presence before nearest Police Station
where he is going to reside on every 1st day of
the month anytime between 9.00 A.M. and 5.00
P.M. In case the petitioner is required to go
out for treatment, in that event, he will obtain
necessary permission from the learned Sessions
Judge, Rajkot and only for that purpose, he is
entitled to enter the Rajkot Taluka and will give
all the details like address where he is going to
reside including the address of the hospital
where he is to be admitted and/or to take the
treatement. The petitioner will show the medical
certificate of the treatment he is to take from
the concerned Doctor to the learned Sessions
Judge, Rajkot at the end of every month.
(f) furnish the address of his residence at the time
of execution of the bond and shall not change his
residence without prior permission of the learned
Sessions Judge, Rajkot;
3.If breach of any of the above conditions is
committed, the Sessions Judge at Rajkot will be free to
issue warrant or take appropriate action in the matter.
4.Bail before the lower Court having jurisdiction
to try the case.
Rule is made absolute. Direct Service is
permitted.
(K.R. Vyas, J.)