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2007 DIGILAW 869 (GUJ)

VIJAYBHAI ALIAS MANOJ ALIAS MAHARAJ BHAGWATIPRASAD v. STATE OF GUJARAT

2007-12-26

M.D.SHAH

body2007
( 1 ) THE applicant-detenu has filed this application seeking his temporary release on bail for a period of four weeks on the ground of illness of his wife. ( 2 ) IN support of his application the detenu has produced the medical certificate dated 18-12-2007 issued by Dr. Pragnesh B. Vakhari, Beena-Gopal Nursing and Maternity Hospital, Vadodara, which shows that the wife of the detenu requires hysterectomy operation. The applicant-detenu has further stated that there is no other male member in the family to look after his wife who is residing alone with two minor children, and therefore his presence is absolutely necessary. ( 3 ) CONSIDERING the above averments as also the certificate produced on record, I am satisfied that the cause is genuine, and therefore, the application deserves to be partly allowed. ( 4 ) ACCORDINGLY, the application is partly allowed. The applicant-detenu is ordered to be released on bail for a period of seven days from the date of his release on his executing a personal bond in the sum of Rs. 2000/- (Rupees two thousand only)on condition that he shall surrender to the jail authorities immediately on completion of the period for which he is released. During the period of his release he shall not misuse the liberty granted to him and shall maintain law and order. Rule is made absolute to the aforesaid extent only. Direct service is permitted.