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CR.MA/14865/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14865 of 2011
=========================================================
MILIND
PUSHPAKANT KOTHARI - THRO' RUPALI M KOTHARI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
PARTY-IN-PERSON
for
Applicant(s) : 1,
MR KL PANDYA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 20/10/2011
ORAL
ORDER
1. Rule.
Mr. Pandya, learned APP, waives service of notice of Rule on behalf
of respondent.
2. The
accused has been arrested for the offence under Section 406, 409,
420, 114 and 120B of IPC registered with Odhav Police Station being
C.R.No.I-132 of 2009 and at present in Sabarmati Central Jail.
3. The
present application has been moved by the party-in-person i.e. the
wife of the accused on the ground that she is suffering from
metrorrhagia and her operation is scheduled on 22.11.2011. She has
also submitted that there is no any responsible person in the family
of the applicant and as per the certificate of the doctor which is
annexed with the application, the presence of her husband is
required.
4. Having
regard to the submission made by the party in person and considering
the fact that the wife of the applicant is suffering from
metrorrhagia and her operation is scheduled on 22.11.2011 and there
is no any responsible person who can take care the wife of the
accused and considering the certificate of doctor, the accused viz.
Milind P. Kothari is required to be released on temporary bail for a
period of 4 days i.e. from 21.10.2011 to
24.10.2011.
5. For
the foregoing reasons, the application succeeds in part. Accordingly,
it is partly allowed. The accused Milind P. Kothari is ordered to be
released on temporary bail for a period of 4 days i.e. from
21.10.2011 to 24.10.2011 on executing a personal bond of Rs.5,000/-
before the jail authority on usual terms and conditions.
6. The
accused shall surrender to the jail authority on 24.10.2011 without
fail. During the period of temporary bail, the accused shall not
abuse the liberty granted to him and shall maintain law and order.
7. Rule
is made absolute accordingly to the aforesaid extent.
(K.M.THAKER,
J.)
jani
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