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CR.MA/7979/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7979 of 2011
In
CRIMINAL
APPEAL No. 702 of 2010
=========================================================
SURMAL
MAKNA MALI - THRO' SHARMILA S MAHAVIR - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
PARTY-IN-PERSON
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
: 17/06/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
matter was kept today to enable learned APP Mr.Pandya to take
instructions in the matter. The case of the applicant is that she is
advised ‘appendix’ operation by a Doctor in the Government Hospital
as the certificate dated 17.5.2011 is produced along with the
application.
On
14.6.2011, the Court requested learned APP to see that necessary
assistance could be provided to the present applicant at the Civil
Hospital, Sola / Ahmedabad, but learned APP informed that the
applicant declined the said assistance on the ground that her young
daughter aged about 3 to 4 years was not well and, therefore, she was
required to go back.
Today,
the applicant is present in the Court with her father-in-law and
states that she had gone to the General Hospital, Dahod and she is
told that for operation of ‘appendix’, she will have to get admitted
herself on 28.6.2011 and the operation will be performed on
29.6.2011.
On
perusal of the jail remarks, it is noticed that the applicant is
having as many as 10 other cases pending against him. Out of those
10 cases, in the cases mentioned at serial Nos.5 to 10, he is already
on bail, but so far as the cases mentioned at serial Nos.1 to 4 are
concerned, he is not on bail.
Learned
APP is requested to see that the Legal Cell in jail takes up the
matter with the Legal Services Authority at Dahod for making
necessary applications for grant of bail in (four) those cases.
Learned APP also to ascertain willingness of the convict to get
himself released with police escort so as to remain present at the
time of operation of his wife. This is required to be done because
in some of the cases, the applicants have declined to get released
with police escort because it causes them trouble / burden which in
many cases the applicants are not able to bear.
The
matter is adjourned to 20.6.2011.
(RAVI
R.TRIPATHI,J)
(P.P.BHATT,J)
pathan
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