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2017 DIGILAW 1131 (GUJ)

Omkarsing Vasudevsinh Rajput Thro' Durgaparsad Jeetnarayan Rajput v. State of Gujarat

2017-07-03

SONIA GOKANI

body2017
ORDER : SONIA GOKANI, J. These three applications preferred for temporary bail by applicant accused Omkarsing Vasudevsinh Rajput for remaining present at the time of surgical intervention in the ovarian follicular cyst of his wife to be held at Shree Hari Multi Specialty Hospital. This Court notices that the applicant is allegedly involved in more that than one Criminal Cases being I CR-204/2014, 168/2014, 169/2014 at Kadodara GIDC, Police station. 2. This Court has heard Mr. Kishan Prajapati, learned advocate for the applicant in all the three matters and learned APP Ms. Hansa Punani for the State. 3. According to learned advocate Mr. Prajapati for the applicant the wife of the applicant is suffering from various diseases and her surgery has been fixed on 4.7.2017 He, therefore, fairly admits that there are other family members who shall be taking care of his wife, but, he being the husband his presence is a must. He, therefore, urged this Court to grant temporary bail for a period of 30 days. 4. Learned APP Ms. Punani has strongly resisted this application. According to her, he has been enlarged on bail from 1.6.2017 to 7.6.2017 She, therefore, urged that no ground is made out for granting temporary bail for a period of 30 days and moreover, the surgery is such that would not require his presence. She also urged that when there are other family members to look after her and even if the Court allows him to attend surgery the same has to be at his own expense. 5. It appears that the petitioner's offence registered in the year 2014 and he has surrendered in the year 2017 and on 8.5.2017 he was arrested. Considering the fact that the petitioner has recently been granted temporary bail for some other purpose and after once crime has been registered he could be available to the legal machinery in the month of May 2017, in the opinion of this Court when other family members being there to look after his wife the request for 30 days may not be required to be acceded to. 6. However, in the opinion of this Court he would be required to be permitted for attending his wife's surgery at Shree Hari Multi Specialty Hospital for one day ie on 4.7.2017 7. The petitioner has been alleged involved in three offences arising from the same transaction. There are no other antecedents. 6. However, in the opinion of this Court he would be required to be permitted for attending his wife's surgery at Shree Hari Multi Specialty Hospital for one day ie on 4.7.2017 7. The petitioner has been alleged involved in three offences arising from the same transaction. There are no other antecedents. Accordingly this application is allowed partly, permitting him to attend surgery of his wife on 4.7.2017 at Shree Hari Multi Specialty Hospital. It shall be from morning 8:00 am to 6:00 pm with two security personnel from jail to the said hospital and back as per schedule, at the State's expense. While on temporary bail for one day as mentioned hereinabove, he shall not make breach of any law nor would tamper with the evidence in any manner. 8. Direct service is permitted today.