IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC. APPLICATION NO 1673 of 2004
in
CRIMINAL APPEAL NO 713 of 2002
with
CRIMINAL MISC. APPLICATION NO 2369 of 2004
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NIRMALBHAI PRAVINBHAI AHIR
Versus
STATE OF GUJARAT
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Appearance:
1. Criminal Misc.Application No. 1673 of 2004
THROUGH JAIL for Petitioner No. 1
MR PRAVIN GONDALIYA for Petitioner No. 1
MR PRACHCHHAK, APP, for Respondent No. 1
………. for Respondent No. 2
2. Criminal Misc.Application No. 2369 of 2004
MR PRAVIN GONDALIYA for Petitioner No. 1
MR AJ DESAI, APP, for Respondent No. 1
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CORAM : HON’BLE MR.JUSTICE B.J.SHETHNA
and
HON’BLE MR.JUSTICE J.R.VORADate of Order: 19/03/2004
ORAL COMMON ORDER
(Per : HON’BLE MR.JUSTICE B.J.SHETHNA)Rule. Learned APP Shri Prachchhak waives service
of Rule for the respondent – State in Criminal Misc.
Application No.1673 of 2004 and Mr.Desai waives service
of Rule for the respondent – State in Criminal Misc.
Application No.2369 of 2004.
Both these Applications are disposed of by this
Common order as they are filed by the common petitioner
Nirmal Pravinbhai Ahir, praying for temporary bail on
different grounds.
Applicant – accused Nirmalbhai Ahir, aged 27, has
filed Criminal Misc. Application No.1673 of 2004,
through jail, on 27.1.2004, praying that he may be
released on temporary bail for a period of 45 days as he
is suffering from Hyper Tension (heart) for which he is
treated by Dr.Ramesh Kanani of Vadodara. He is having
high B.P., therefore, he is advised Echo test as well as
Thread Meal Test and Laboratory Test. Because of this
disease at times he fall down because of giddiness.
Above that, all of a sudden one side of his body gets
paralytic attack for some time. Therefore, he is
required to be treated for his serious disease by his
private doctor.
From the jail record of the applicant – accused,
produced by learned APP, it appears that the accused had
remained as under-trial prisoner for a period of 1 year
10 months and 6 days and actually under-gone sentence,
after conviction order dated 26.7.2002, for a period of 1
years – 4 months and 15 days. Thus, he has remained in
jail in all for a period of 3 years and 3 months. During
that period once he was released on parole by the
District Magistrate in October 2002 on the ground of
sickness of his mother and thereafter thrice he was
released on temporary bail by this Court, twice in the
month of February & April 2003 he was released on
temporary bail for a period of 30 & 45 days respectively
for his own treatment. Thereafter, once again he was
released on temporary bail for a period of 10 days in the
month of January, 2004 on the ground of sickness of his
mother.
Thus, from the above, it is clear that the
averments made by him in this Application that he is
taking the treatment of Dr.Ramesh Kanani seems to be
false because last time he surrendered on 7.6.2003 after
taking his treatment. Thereafter, he remained in jail
till today except by a short of 10 days in the month of
January, 2004 when he was released on temporary bail on
the ground of sickness of his mother. All types of
treatment are given in the Government Hospital,
therefore, it would not be proper to release the accused
on this ground time and again.
This brings us to Criminal Miscellaneous
Application No.2369 of 2004, filed by the applicant
accused before this Court on 9.3.2004 through his learned
Counsel Shri Gondaliya. He has prayed for temporary bail
for a period of 60 days in this Application on the ground
that his father met with an accident in which he received
fracture. Therefore, his presence is very much needed to
look after his father. We are really surprised to note
that there is no whisper in this Application about the
previous temporary bail Application i.e. Criminal Misc.
Application No.1673 of 2004, filed by the accused through
jail, totally on a different ground. On one hand the
applicant wants to be released on temporary bail for a
period of 45 days on the ground of his own serious
sickness, and on the other hand he wants to be released
on temporary bail for a period of 60 days for looking
after his father. This create serious doubt in the mind,
if he was really not well and required his personal
treatment from his private Doctor then how he can attend
his ailing father ?
From the jail record of the applicant – accused
it appears that when he was denied regular bail during
trial and after conviction then any how, on any ground,
he wants to come out from jail by way of filing temporary
bail Applications, either through jail or through his
Advocate. The court has to take serious view of the
matter as this type of practice cannot be allowed.
In view of the above discussion both these
Applications fail and are hereby dismissed. Rule
discharged in both the applications.
(B.J.Shethna, J.)
Date : March 19, 2004
(J. R. Vora, J.)
*sas*