Gujarat High Court Case Information System
Print
CR.MA/5559/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5559 of 2011
In
CRIMINAL
APPEAL No. 1775 of 2010
=================================================
RAMESH
ABHUJI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=================================================
Appearance
:
THROUGH
JAIL for Applicant(s) : 1,
Mr.KARTIK PANDYA, ADDL PUBLIC
PROSECUTOR for Respondent(s) : 1,
None for Respondent(s) :
2,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 02/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Rule
was issued on 25th April 2011 returnable today to enable
the learned APP to verify the contents of the application.
2. The
learned APP Mr.Pandya places on record statement dated 27th
April 2011 that of Dr.Manoj Jadav, Physician and Cardiologist.
It
is stated in the statement that wife of the applicant/ convict has
taken treatment as an out-door patient from the doctor. The doctor
has advised her angiography.
3. In
the communication it is mentioned that the doctor has not given any
specific date for angiography and wife of the convict is not admitted
in the hospital.
That
is not the averment either in the application or in any manner. That
is why there is no question of the said aspect having been
highlighted in the communication. The very fact that the convict’s
wife has taken treatment as an out-door patient from the doctor and
the doctor has advised her angiography made the convict to apply for
temporary bail for 45 so as to make available required treatment to
his ailing wife.
4. The
applicant- appellant- original accused has been convicted for the
offences punishable under sections 302, 143, 147, 148, 149, 323,
206(2) of the IPC and section 135 of the Bombay Police Act to suffer
imprisonment for life with fine of Rs.6900/-, in default to further
undergo imprisonment for 1 year, 4 months and 22 days as awarded by
the learned Additional Sessions Judge, Court No.2, Mehsana vide
judgement dated 20th September 2010 in Sessions Case No. 6
of 2010.
5. The learned
APP has invited attention of the Court to the Jail remarks. The
convict has undergone 1 year, 6 months and 5 days in Jail as on
16.04.2011. The convict had availed temporary bail once.
6. In the
result, this application is allowed. The convict is ordered to be
released on temporary bail for a period of 30 (thirty)
days from the date of his release on his executing a personal
bond of Rs.5000/- (Rupees five thousand only) to the satisfaction of
the Jail authorities.
7. The
applicant shall surrender himself to the Jail authorities on expiry
of the above temporary bail period. The application is allowed. Rule
is made absolute.
(RAVI R.
TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
Top