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2017 DIGILAW 1218 (GUJ)

Rafik @ Laol Punjabhai Rathod 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 16.6.2017, has been preferred by the applicant, through jail, with a prayer to enlarge him on temporary bail for a period of thirty days, on account of a serious Kidney ailment suffered by his mother. The applicant has annexed a Certificate dated 9.6.2017, issued by Hakimshah General Hospital, Anand. 3. The applicant is undergoing life imprisonment for the offences punishable under Sections 302, 114 and 120(B) of the Indian Penal Code. 4. Pursuant to the order dated 29.6.2017, learned Additional Public Prosecutor, has got the contents of the application verified. A Statement dated 2.7.2017 of Dr. Mohsinhbhai Sahirkhan, the author of the Certificate dated 9.6.2017 has been submitted by the learned Additional Public Prosecutor. It is stated by the said doctor that he has issued the said Certificate. As per the said Certificate, the mother of the applicant has severe symptoms of renal dysfunction and requires proper treatment. 5. We have perused the averments made in the application and considered the Jail remarks pertaining to the applicant, which indicate that the conduct of the applicant in jail is good and on the previous occasions when he was released on temporary bail, he has surrendered on time. 6. Taking into consideration the facts and circumstances of the case and the nature of the ailment suffered by the mother of the applicant, we are inclined to partly grant the prayer made by the applicant. Hence, the following order: The applicant is directed to be released on temporary bail for a period of 10 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. 7. The application is allowed, in the above terms. Rule is made absolute to the above extent.