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CR.MA/13562/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13562 of 2011
=========================================
NARESHKUMAR
@ VIJAY S/O KAMRAJKUMAR SWAIN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
BC DAVE for
Applicant(s) : 1,
MS CM SHAH, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 28/09/2011
ORAL
ORDER
Rule.
Ms.Chetna M. Shah, learned Additional Public Prosecutor, waives
service of notice of Rule on behalf of the respondent-State.
By
way of present application the applicant has prayed to release him
on temporary bail for a period of 30 days in connection with C.R.
No.I-121 of 2010 registered with Pandesara Police Station on the
ground of surgery of his father, which is likely to be performed on
29th September, 2011. The father of the applicant is
suffering from acute liver abscess and as per the Certificate issued
by CMO, Govind-Prabha Arogya Sankool, Surat certifying the disease
and date of operation. The applicant submits that his presence is
necessary at the time of operation and even for post treatment also.
Heard
Ms.Chetna Shah, learned Additional Public Prosecutor appearing for
the respondent-State and also perused papers produced before me.
It
appears from the papers that father of the applicant is suffering
from acute liver abscess and as per the Certificate issued by CMO,
Govind-Prabha Arogya Sankool, Surat, operation of the father of the
applicant is planned on 29th September, 2011 and presence
of the applicant is necessary.
Hence,
in view of above, present application is partly allowed. The
applicant is ordered to be released on temporary bail from tomorrow,
i.e. 29th September, 2011 in the morning hours, to 08th
October, 2011 on the usual terms and conditions, which may deem fit
and proper by the Jail Authority. The applicant is directed to
surrender himself before the Jail Authority on 08th
October, 2011 before 17.00 hours. Rule is made absolute to the
aforesaid extent.
Direct
Service is permitted, today.
(Z.
K. Saiyed, J)
Anup
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