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CR.MA/11263/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11263 of 2007
In
CRIMINAL
APPEAL No. 984 of 2006
=========================================================
SHIVABHAI
NANUBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for Applicant(s)
: 1,
MR.BHATE, ADDL.PUBLIC PROSECUTOR for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 05/10/2007
ORAL
ORDER
Rule.
Mr.Bhate, learned A.P.P. for the respondent-State waives service of
notice of Rule.
Heard
Mr.Bhate, learned A.P.P. for the respondent-State.
Present
application is received through the Jail Authorities for temporary
bail for a period of sixty days on the ground of health. At present
the applicant-convict is undergoing sentence for the offence
punishable under Sections 376 read with Section 306 of the Indian
Penal Code. The applicant-convict has developed abscess and the
certificate issued by the doctor of the Central Jail, Sabarmati,
Ahmedabad reveals that the applicant has complaint of pain, swelling
and pus discharge from the right side of scrotum. Regular dressing is
being done since last five to six days. Meaning thereby there is some
strength in the application but, in view of the gravity of the
offence and the nature of conviction recorded by the learned trial
Judge, the temporary bail can be granted while imposing certain
stringent condition so that he can get the treatment from a private
hospital or a doctor of his choice. The certificate issued by the
Jail Dispensary, Central Jail, Ahmedabad is ordered to be taken on
record. So, considering the contents of the certificate, it is easy
to infer that the applicant can get the treatment within ten to
fifteen days because in a case of major surgery the patient would
normally recover within such a period.
Considering
the totality emerging from the submission made before the Court,
present application requires to be and is accordingly partly allowed.
The substantive sentence imposed by the learned trial Court shall be
placed under suspension for the period of twenty days. The
applicant-accused is ordered to be enlarged on temporary bail for a
period of twenty (20) days from the date of his release on applicant
executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only)
before the Jail Authority on usual terms and conditions. Over and
above the usual terms and conditions, the applicant shall abide by
the following terms and conditions.
applicant
shall not enter into area of Taluka: Babra where the incident has
taken place.
applicant
shall surrender before the Jail Authority on 21st Day
of his release on temporary bail.
Rule
is made absolute to the above extent.
The
Registry shall intimate the concerned Jail Authority about the order
passed by this Court today.
(C.K.BUCH,
J.)
sompura
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