IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 3530 of 2002
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MURLI NARAYANDAS KHANCHANDANI
Versus
STATE OF GUJARAT
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Appearance:
1. Criminal Misc.Application No. 3530 of 2002
MS KRISHNA U MISHRA for Petitioner No. 1
Mr.A.J.Desai, learned A.P.P. for Respondent No. 1
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CORAM : MR.JUSTICE SHARAD D.DAVE
Date of Order: 29/06/2002
ORAL ORDER
1.Rule. Mr.A.J.Desai learned A.P.P. waives service
of rule for the State.
2.The undertrial prisoner who is in Central Jail,
Sabarmati, Ahmedabad has preferred this temporary bail
application on the ground that his wife is suffering from
Ischemic heart disease and is treated by Swami Teooram
Charitable Trust Hospital situated at Kubernagar,
Ahmedabad. In support of his submissions, he has
produced the xerox copy of the certificate of R.M.O.,
Civil Hospital, Ahmedabad.
3.The undertrial prisoner has also filed one
earlier application being Criminal Misc. Application no.
2948 of 2002 wherein the temporary bail granted in
Criminal Misc. Application no. 2788 of 2002 was
extended by this court. By the said order, the
undertrial prisoner was out of jail till 13.6.02. This
application is preferred within a fortnight. From the
application, it appears that undertrial prisoner is
facing various offences punishable under Secs.
143,148,149,436,395 and 302 of the Indian Penal Code vide
C.R.No.100/2002 filed in Naroda police station. He is in
jail since 28.2.02. It appears that on one pretext or
other, he has been outside the jail. I am of the opinion
that the illness of the wife of the undertrial prisoner
is such that it will remain as it is. One more
difference is that it is stated in para 4 of the
application that the undertrial prisoner’s wife is
suffering from heart disease whereas the Civil Hospital’s
certificate says that she is suffering from Asthma and
she is admitted in Civil Hospital, Ahmedabad from 7.6.02.
Both these diseases are altogether different as I
understand. Therefore, I do not find any reason to grant
this application. Accordingly, the application is
rejected. Rule is discharged.
( SHARAD D DAVE, J )
srilatha