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CR.MA/5071/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5071 of 2011
In
CRIMINAL
APPEAL No. 1873 of 2006
=====================================
KATIYABHAI
NEVABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=====================================
Appearance
:
THROUGH JAIL for Applicant(s) :
1,
MR KARTIK PANDYA, APP for Respondent(s) : 1,
None for
Respondent(s) : 2,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P. P. BHATT
Date
: 03/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1.0 Learned
Additional Public Prosecutor Mr. Pandya made available for perusal a
communication dated 27th April 2011 from the Medical
Officer, Vadodara Central Jail to the Superintendent, Vadodara
Central Jail. Present Certificate (Communication) is dated 27th
April 2011, whereas, along with application, the applicant has
enclosed the Certificate (Communication) dated 28th March
2011.
2.0 The
reason for calling for the latest Medical Report was to find out as
to whether there is any improvement in the condition of the convict.
The learned Additional Public Prosecutor asked for time to find out
telephonically. Hence, the matter was kept in the second half.
2.1 In
second half, on telephonic instructions,
the learned Additional Public Prosecutor States that there is no
improvement in the condition of the convict since 28th
March 2011 till 27th April 2011.
3.0 In
view of that it is deemed proper that the convict be released on
Temporary Bail so as to enable him to take treatment from a private
Doctor of his choice. The conviction is under Sections 302, 394 and
34 of the Indian Penal Code. That being so, there is no question of
the convict having an occasion of enjoying furlough leave. The
convict has undergone 05 years, 10 months and 19 days as on 7th
April 2011.
4.0 Looking
to the contents of the communication from the Medical Officer,
Vadodara Central Jail it is deemed fit that the applicant be granted
Temporary Bail.
5.0 Rule.
Learned Additional Public Prosecutor Mr. Pandya waives service of
process of Rule.
6.0 Taking
into consideration the contents of the application, the application
is allowed. The applicant – convict is ordered to be released on
Temporary Bail for a period of 30 days from the date of
his release, on his executing a personal bond of Rs.5,000/-
(Rupees Five Thousand only) to the satisfaction of the jail
authorities.
6.1 It
is directed that the applicant – convict shall mark his
presence before the nearest Police Station on every Monday.
6.2 The
applicant – convict shall surrender to the jail authorities on
expiry of the Temporary Bail period.
6.3 Rule
is made absolute to the aforesaid extent.
[
Ravi R. Tripathi, J. ]
[
P. P. Bhatt, J. ]
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