Gujarat High Court High Court

Criminal Misc.Application No. … vs Mr Kt Dave on 30 August, 2010

Gujarat High Court
Criminal Misc.Application No. … vs Mr Kt Dave on 30 August, 2010
Author: Y.B.Bhatt,&Nbsp;Honourable Mr.Justice J.R.Vora,&Nbsp;
     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



     CRIMINAL MISC.APPLICATION No 3853 of 2002


           in


     CRIMINAL APPEALNo 876      of 2001



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     ARJANBHAI GAGJIBHAI NADODA
Versus
     STATE OF GUJARAT
     --------------------------------------------------------------
     Appearance:
     1. Criminal Misc.Application No. 3853 of 2002
          MS SUBHADRA G PATEL for Petitioner No. 1
          MR KT DAVE, APP for Respondent No. 1
          .......... for Respondent No. 2


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                CORAM : MR.JUSTICE Y.B.BHATT
                                   and
                        MR.JUSTICE J.R.VORA


                Date of Order: 28/06/2002


     ORAL ORDER

(Per : MR.JUSTICE Y.B.BHATT)
This is an application by the applicant convict
for extension of the period of temporary bail granted to
him by our earlier order dated 18.6.2002 in Cri. Misc.
Application NO.3162/2002.

In this context we have heard learned counsel for
the applicant and perused the relevant papers and also
heard Mr. K.T. Dave, learned APP.

By the aforesaid order the applicant was released
on temporary bail for a period of 10 days, subject to the
conditions contained therein, on the ground that his
brother was seriously injured, was hospitalized and also
underwent serious surgery which required the removal of
one kidney. By the present application, an extension is
sought on the ground that, in fact, one kidney was
removed and he was also treated for multiple fracture on
the right tibia and fibula. However, after discharge
from hospital, the applicant’s brother has been suffering
from extreme pain. On consultation, the Surgeon has
issued the certificate dated 27.6.2002 that the patient
requires readmission in hospital for further management.
On these facts, it is obvious that the patient would
require the presence and assistance of a family member,
other than the aged father of 65 years. Consequently,
this application is granted, and extension of temporary
bail of 7 (seven) days is granted w.e.f. the due date of
surrender in terms of the earlier order dated 18.6.2002
on the same terms and conditions imposed by the aforesaid
order. This application stands disposed of accordingly.
D.S. permitted.

(Y.B. Bhatt, J.)

(J.R. Vora, J.)
p.n.nair