Gujarat High Court Case Information System
Print
CR.MA/12102/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12102 of 2010
=======================================================
MILAN
JITENDRAKUMAR THAKKER
-
UNDER TRIAL PRISONER - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MS
KRISHNA U MISHRA for Applicant(s) : 1,
MS MINI NAIR APP for
Respondent(s) : 1, MR IMRAN PATHAN for Orig.
Complainant (s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 18/10/2010
ORAL
ORDER
The
present application has been filed by the applicant-convict prisoner
for temporary bail on the ground that wife of the applicant is
required to undergo operation, which was fixed on 18.10.2010 and is
now rescheduled on 20.10.2010. Therefore, the rule was issued and
report was called for.
In
pursuance of issuance of rule, learned A.P.P. has appeared and
produced the report of the Vejalpur Police Station, which confirms
about the cause and the operation.
Learned
counsel, Mr.Imran Pathan appearing for the original complainant has
raised apprehension about the securing presence of the applicant as
other co-accused has absconded after he was granted temporary bail
and was involved into other offence.
Having
heard learned counsel for the applicant, Ms.Mishra, learned A.P.P.,
Ms.Nair for the respondent-State and learned counsel, Mr.Imran
Pathan for the original complainant and having considered the report
with regard to medical ground mentioned in the application, the
present application deserves to be allowed on humanitarian
consideration. Therefore, the present application deserves to be
allowed.
For
the foregoing reasons, the application succeeds in part.
Accordingly, it is partly allowed. The applicant-convict
prisoner is ordered to be released on temporary bail for a period of
10 (Ten) Days from the date of his actual release on
executing a personal bond of Rs.5,000/- before the jail authority on
usual terms and conditions.
The
applicant shall surrender to the jail authority on completion of 10
days from the date of his release without fail.
During
the period of temporary bail, the applicant shall not abuse the
liberty granted to him and shall maintain law and order.
Rule
is made absolute accordingly to the aforesaid extent. Direct service
is permitted.
(RAJESH
H.SHUKLA, J.)
/patil
Top