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CR.MA/8329/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8329 of 2008
In
CRIMINAL
APPEAL No. 780 of 2006
======================================
SUSHILABEN
BHAGWANBHAI AHIRKER
Versus
STATE
OF GUJARAT
======================================
Appearance
:
MR BS PATEL for Applicant,MRS
RANJAN B PATEL for Applicant.
MR HL JANI, APP for
Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 27/06/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE KS JHAVERI)
Rule.
Learned APP, Mr.H.L. Jani waives service of rule on behalf of the
respondent.
At
the time of hearing of this application, learned advocate for the
applicant has not pressed relief sought in paragraph 7 (A) of the
application and prayed that the applicant be released on temporary
bail as her condition is critical and she has sustained paralytic
attack and lower limb of her body is paralysed.
This
application was filed yesterday and this Court had granted
permission for urgent hearing in view of critical condition of the
applicant, and after hearing learned advocate for the applicant,
Notice was issued to the respondent in order to verify the record
and correctness of the averments made in this application. Pursuant
to that, today, learned APP has produced a certificate issued by
Medical Officer, Baroda Central Jail and also a certificate issued
by Medical Officer, Jail Dispensary, Central Jail, Ahmedabad.
Keeping in mind advance age of the applicant and considering the
fact that she is undergoing treatment as an indoor patient in Civil
Hospital, Ahmedabad, the applicant is required to be granted
temporary bail. Not only that, in past also the applicant was
granted temporary bail in May 2008 and was also released on parole
and furlough and, at that time, the applicant reported in time
without misusing her liberty. Looking to the overall circumstances
of the case, the applicant is required to be released on temporary
bail for a period of 30 days for her own treatment.
Under
the circumstances, the application is partly allowed and the
applicant is ordered to be released on temporary bail for a period
of 30 (Thirty) Days from the date of her release on
her executing a personal bond in the sum of Rs.5,000/- (Rupees Five
Thousand only) before the jail authority.
She
shall surrender before the Jail Authority immediately after the
aforesaid period is over.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(R.P.DHOLAKIA,
J.) (K.S.JHAVERI, J.)
/malek
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