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2016 DIGILAW 2113 (GUJ)

Mahendrabhai @ Munnabhai Alkubhai Vala v. State of Gujarat

2016-10-10

BIREN VAISHNAV, HARSHA DEVANI

body2016
ORDER : Biren Vaishnav, J. Rule. Ms. Nisha Thakore, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondents. 2. This application has been filed by the applicant-convict seeking extension of temporary bail granted earlier vide order dated 22.09.2016 and subsequently extended vide order dated 04.10.2016 The applicant had approached this court by way of filing Criminal Misc. Application No. 23314 of 2016 for grant of temporary bail on the ground that the applicant's wife was required to undergo surgery for Appendicitis. By order dated 22.09.2016 passed therein, the applicant was released on temporary bail for a period of 7 days. An application was thereafter moved being Criminal Misc. Application No. 26009 of 2016 seeking extension of temporary bail granted. It appears from the order dated 04.10.2016, that the extension was sought for in view of the fact that applicant's wife was diagnosed with high degree of infection as per the medical reports submitted alongwith the applicant and she was advised to undergo investigation. This court accordingly extended the temporary bail for further period of 7 days. However, this court observed in the order that no further extension shall be granted. 3. The present application has been moved by the applicant seeking further extension of the temporary bail for a period of 30 days. In the application the applicant has produced certificate of Sabiha Sarvajanik General Hospital & Prasuti Gruh. The cause put forth by the applicant is that the applicant's mother is suffering from dengue and is in a critical condition. Ms. Nisha Thakore, learned Additional Public Prosecutor has on instructions confirmed the fact that the applicant's mother is undergoing treatment for dengue. Normally in view of the rider in the order dated 04.10.2016, specifically stating that no further extension would be granted, we would have been disinclined to grant extension of time, however, it is apparent that the certificate produced by the applicant and on confirmation by the learned Additional Public Prosecutor that the applicant's mother is admitted in hospital and is undergoing treatment for dengue coupled with the fact that as recorded in the order dated 04.10.2016 that the applicant's wife is also suffering from appendicitis, it is apparent that there is genuine cause by virtue of which the extension of temporary bail is sought for. In view of the jail record and in view of the averments made in the application, the case put forward by the applicant seems to be genuine and therefore the court is inclined to exercise discretion in favour of the applicant. 4. In view of these facts we are inclined to extend the temporary bail granted to the applicant vide order dated 22.09.2016 which was extended vide order dated 04.10.2016 for a further period of ten (10) days. Application is allowed accordingly. Rule is made absolute accordingly.