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2017 DIGILAW 1217 (GUJ)

Mehulkumar @ Kalo Jagdishbhai Ambalal v. State of Gujarat

2017-07-04

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORDER : ABHILASHA KUMARI, J. 1. Rule Mr. Ronak Raval, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent State. 2. This application dated 17.06.2017, has been preferred by the applicant, through jail, with a prayer to enlarge him on temporary bail for a period of 30 days on the ground of a psychiatric problem being faced by him, which includes mental disturbance, sleeplessness and thoughts of ending his life. 3. The applicant is undergoing life imprisonment for the offences punishable under Section 302 of the Indian Penal Code and Section 135 of the Gujarat Police Act. 4. We have perused the averments made in the application as well as the certificate issued by Dr. A.B Kalena, Medical Officer, Ahmedabad Central Jail dated 17.04.2017 5. It is stated in the said certificate that the applicant was sent to the Psychiatric Department of Civil Hospital, Ahmedabad on 24.01.2017 regarding complaints of irritability leading to angry outbursts and sleep disturbance. He was advised oral tablets and follow-up after one month. The applicant was again referred to the Psychiatric Department of the Civil Hospital, Ahmedabad on 18.02.2017 for the same complaints. Upon examination, it was found that the applicant is conscious, co-operative, oriented and he does not suffer from death wishes or suicidal ideas or delusion. He has been advised oral tablets and follow up after a month, again. 6. The medical certificate is dated 17.04.2017, whereas the complaints enumerated in the application are relatively recent. Though the jail conduct of the applicant is stated to be ‘not good’, however, taking into consideration the nature of the problems indicated by the applicant, we consider it proper to partly allow the prayer made in the application. 7. Hence, we pass the following order: The applicant shall be released on temporary bail for a period of 07 days from the date of his actual release upon furnishing 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. Upon expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 8. The application is allowed, in the above terms. Rule is made absolute to the above extent.