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CR.MA/3998/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3998 of 2010
In
CRIMINAL
APPEAL No. 1410 of 2009
=========================================
ANILKUMAR
SURESHBHAI BATHAM (KAHAR) - THRO' KAMLABEN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
MEHUL H RATHOD for
Applicant(s) : 1,
MR HH PARIKH, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 19/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Present
successive application has been preferred by the applicant on the
ground of his ailment.
As
per certificate issued by Medical Officer, Central Jail Dispensary,
Ahmedabad dated 19th April, 2010, the prisoner is
diagnosed as patient suffering from K/C/O PLHA (HIV) + Koch’s
cervical lymphadenitis + (1 o’clock) piles + small infarction in Lt
frontoparietal region + splenic microabscess + Abdominal Koch’s +
nutritional Anaemia. He has been given treatment by experts, but his
condition is critical.
Looking
to the nature of ailment and condition of the prisoner, we are
inclined to entertain this application. The application is allowed.
The sentence imposed on the applicant is suspended till final
disposal of the appeal. The applicant shall be released on regular
bail during pendency of the appeal upon his furnishing a personal
bond of Rs.5000/- with a surety of like amount to the satisfaction of
the trial Court with condition that;
(1)
he shall confine himself to the State of Gujarat,
(2)
he shall surrender his passport, if any.
Direct
service is permitted today.
(A.L.
DAVE, J)
(BANKIM.N.MEHTA,
J)
shekhar/-
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