Thakor Jalaji Kantiji thro Dashrathji Sagramji Rathod v. State of Gujarat
2017-07-03
A.J.SHASTRI, ABHILASHA KUMARI
body2017
DigiLaw.ai
ORDER : ABHILASHA KUMARI, J. Rule. Mr. Ronak Raval, learned Additional Public Prosecutor, waives service of notice of Rule for the respondents. 2. This application under Section 389(1) of the Code of Criminal Procedure, 1973, has been preferred by the applicant with a prayer to enlarge him on temporary bail for a period of thirty days in order to remain present at his father's impending operation. His father is suffering from enlarged prostate and is scheduled to be operated upon tomorrow, that is, on 04.07.2017 3. The applicant is undergoing life imprisonment in connection offences punishable under Sections 302, 364 and 114 of the Indian Penal Code, 1860. 4. Heard Mr. Nimesh Patel, learned advocate for Ms. Mittal Patel, learned advocate for the applicant and Mr. Ronak Raval, learned Additional Public Prosecutor for the respondents. 5. We have perused the averments made in the application as well as the Certificate given by Dr. Hinay B. Barot, Taradevi Surgical Hospital, Patan, dated 27.06.2017, wherein it is stated that the father of the applicant, namely, Thakore Kantiji Dajaji is suffering from Prostate 32 cm size and his operation is scheduled to be held on 04.07.2017 6. We notice that Dr. Hinay B. Barot has added two lines below the Certificate dated 27.06.2017, which read as under: “Pl do needful Thanks Hinay” 7. We may note that the doctor is supposed to certify only regarding the ailment of the patient and is not required to recommend to any authority, least of all the Court, “what is needful” and what is required to be done. 8. We have perused the averments made in the application as well as the Jail remarks pertaining to the applicant, which indicate that his conduct in Jail is stated to be good. 9. Having served only nine months' sentence, the applicant has not been enlarged on temporary bail, so far. 10. Taking into consideration the reason stated in the application, we are inclined to partly grant the prayer made in the application. 11. Hence, the following order: 12. The applicant shall be released on temporary bail for a period of seven days from the date of his release on furnishing a personal bond of Rs. 5,000/- (Rupees Five Thousand only) and upon the usual terms and conditions, to the satisfaction of the concerned Jail authority. No further extension shall be granted. 13.
11. Hence, the following order: 12. The applicant shall be released on temporary bail for a period of seven days from the date of his release on furnishing a personal bond of Rs. 5,000/- (Rupees Five Thousand only) and upon the usual terms and conditions, to the satisfaction of the concerned Jail authority. No further extension shall be granted. 13. Upon expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 14. The applicant shall mark his presence once every three days at Harij Police Station, during the course of the day. 15. The application is partly-allowed, in the above terms. Rule is made absolute, to the aforesaid extent. 16. A copy of this order be sent to Dr. Hinay B. Barot, Taradevi Surgical Hospital, First Floor, Gajanand Complex, Opposite Bus-stand, Patan-384265, so that he can be careful in future in issuing certificates, such as this one, which has been produced before the Court, so that he can save himself from possible trouble. 17. Direct Service of this order, today, is permitted.