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Gujarat High Court · body

2013 DIGILAW 38 (GUJ)

Dipakbhai Kadvabhai Mithapara through Hareshbhai Valjibhai Aghar v. State of Gujarat

2013-01-23

N.V.ANJARIA

body2013
ORDER : 1. Rule Learned Additional Public Prosecutor Mr. L.R. Pujari waives service of notice of Rule on behalf of respondent-State. 2. The convict-prisoner has filed this application through his brother-in-law praying for temporary bail. The ground urged is that wife of the applicant has been suffering from gynecology problem and doctor has advised major operation in that regard. 3. It is submitted that the petitioner being husband, his presence is necessary to attend wife and also to make financial arrangements for the operation expenses. 4. Heard learned advocate Ms. Parmar for the applicant and learned Additional Public Prosecutor Mr. Pujari. 5. Pursuant to notice issued by this Court, learned Additional Public Prosecutor obtained report from the police authority concerned, which contain statement of doctor, who has issued Certificated dated 02nd January, 2013 produced on record by the applicant along with his application. The doctor has fortified that wife of the applicant is under his treatment for uterus problem and is suffering from menorrahegia, white discharge, pain in abdomen and requires major Hystrectomy operation. The cause, is, therefore, found to be correct and genuine. The applicant, therefore, deserves temporary enlargement. The applicant-convict has been in jail for more than two-years-eight-months by now. 6. At the same time, learned Additional Public Prosecutor has rightly submitted that since the applicant is convicted under the NDPS Act, stricture conditions are required to be imposed while considering prayer for temporary release. Learned advocate Ms. Parmar for the applicant submits that the applicant shall abide by the conditions, which the Court may deem it fit. She further submits that the applicant shall report to the concerned police station everyday and mark his presence. 7. In the facts and circumstances of the case and having regard to the cause shown, it is ordered that applicant shall be enlarged on temporary bail for a period of two weeks from the date of his actual release. However, his release shall be on the following conditions: (i) He shall execute a personal bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) and further furnish in addition, a surety of the like amount before the jail authority. (ii) He shall report to the Surendranagar Police Station everyday during the period of his temporary bail and get his presence marked. (iii) He shall not abuse liberty in any manner during the period of his temporary bail. 25,000/- (Rupees Twenty Five Thousand Only) and further furnish in addition, a surety of the like amount before the jail authority. (ii) He shall report to the Surendranagar Police Station everyday during the period of his temporary bail and get his presence marked. (iii) He shall not abuse liberty in any manner during the period of his temporary bail. (iv) He shall surrender to the jail authority on expiry of his temporary bail. 8. Rule is made absolute accordingly. Direct service is permitted. Rule made absolute.