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CR.MA/15443/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15443 of 2010
With
CRIMINAL
MISC.APPLICATION No. 15445 of 2010
=============================================
VINUBHAI
HARIBHAI MALAVIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR JB PARDIWALA for
Applicant(s) : 1,
MS KRINA P CALLA ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 28/12/2010
ORAL
ORDER
1. Heard
learned advocates appearing for the parties.
2. Both
these matters are taken up for final disposal at the request of
learned counsels appearing for the parties.
3. The
applicant of both the above applications have preferred this interim
bail under Section 439 read with Section 437 of the Criminal
Procedure Code, 1973, to release him temporarily for a period of 30
days regarding C.R.No.I-476 of 2009 and 257/2009 registered with Umra
Police Station and Puna Police Station, Surat, respectively.
4. Mr.
J.B. Pardiwala, learned counsel appearing for the applicant submits
that the applicant is advised to undergo surgery for a fairly large
posterocentral and a left paracentral disc extrusion at L5-S1 level,
as opined by Dr. Ashish Mehta, Consultant Spinal & Neurological
Surgeon, Mumbai and it is submitted that the above opinion is
rendered after detailed diagnose carried out through M.R.I. study of
lumbio-sacral spine by the competent radiologist.
4.1. Mr.
J.B.Pardiwala, learned counsel further submits that though the trial
court has verified the above aspect and has observed that the
operation for the ailment can be carried out at New Civil Hospital,
Surat but considering the risk involved while performing the
operation and complications that may arise, for a better treatment
and care, the applicant would like to be operated at Apple Hospital
Surat, where the Neuro Surgeon from Bombay would perform the
operation and the applicant can be treated accordingly. It is
further submitted that the applicant is a permanent resident of Surat
and not likely to run away from the course of justice or law and
would like to abide by the conditions that may be imposed by this
Court.
5. I
have heard learned APP appearing for the respondent-State and a
statement dated 26.12.2010 of Dr. Anriruddha Solanki is recorded and
the ailment of the applicant is verified and it is not in dispute
that the surgery is necessary for the ailment of L5 -S1 level.
6. Considering
the submissions of learned counsels appearing for the parties,
opinion, certificates and medical reports of the Neuro Surgeon, I am
of the opinion that the applicant is in need of surgery as advised by
the experts in the field and for that the applicant can be granted
interim/temporary bail and he can be hospitalized for a specialized
treatment for surgery of a complicated nature at Apple Hospital,
Surat. While the applicant is admitted in the Apple Hospital, Surat,
two armed guard will be deputed and expenses for which shall have to
be borne by the applicant. The applicant is ordered to be enlarged
on a temporary bail for a period of three weeks from the date of
receipt of the copy of the order of this Court and shall inform the
investigating authority about his whereabouts and permanent address.
The applicant shall also furnish the bond of Rs.5,000/- and surety of
like amount to the satisfaction of the Court concerned.
7. With
the above observations and directions, both the applications are
allowed accordingly.
[ANANT
S. DAVE, J.]
//smita//
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