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CR.MA/12701/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12701 of 2011
=========================================
HARDIK
HARISHBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
KANTILAL KAYASTHA for
Applicant(s) : 1,
MR MAULIK NANAVATI, LD. ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 12/09/2011
ORAL
ORDER
Rule.
Mr.Maulik Nanavati, 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 one month on the ground of sickness of his
wife.
Heard
Mr.Kantilal Kayastha, learned counsel for the applicant and
Mr.Maulik Nanavati, learned Additional Public Prosecutor for the
respondent-State.
Mr.Kayastha,
learned counsel for the applicant, submits that the wife of the
applicant is suffering from sub acute Appendicitis and C.M.O. of the
Govind Prabha Arogya Sankool, Surat has advised for operation and is
fixed on 16th September, 2011. He has also contended that
there is no one in the family except a small baby aged 2 years 9
months to look after his wife. He, therefore, contended that
presence of the applicant is necessary and therefore, prayed to
release the applicant on temporary bail for one month.
Heard
Mr.Nanavati, learned Additional Public Prosecutor and also perused
papers. It appears from the Certificate issued by the C.M.O. of the
Govind Prabha Arogya Sankool, Surat that operation is required and
is fixed on 16th September, 2011. It also appears from
the papers that there is no one except the applicant in the family
to look after his wife.
In
view of above, present application is partly allowed. The applicant
is ordered to be released on temporary bail from 16th
September, 2011 for 15 days on his furnishing a personal bond in the
sum of Rs.5,000/- (Rupees Five Thousand Only) before the Jail
Authority on usual terms and conditions. The applicant is directed
to surrender himself before the Jail Authority on 30th
September, 2011 on or before 05.30 p.m. Rule is made absolute to the
aforesaid extent.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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