Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1280 (GUJ)

Bharat Dayaram Sankhla v. State of Gujarat

2017-07-13

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORDER : ABHILASHA KUMARI, J. 1. Rule. Mr. J.K Shah, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent State. 2. This application, dated 02.07.2017, has been preferred by the applicant, through jail, with a prayer to enlarge him on temporary bail for a period of 15 days in order to enable him to get his son treated for mental illness and to arrange for finance to make the payment for the admission in school of his other son. 3. The applicant is undergoing life imprisonment for the offences punishable under Sections 376(2)(g) and 120B read with Section 34 of the Indian Penal Code. 4. We have perused the averments made in the application as well as the jail record pertaining to the applicant, which indicates that his conduct in jail is good and on the previous occasion when he was released on temporary bail, he has surrendered on time. 5. However, we notice except for the medical prescriptions annexed to the application, which are of dated 27.05.2011 and 24.02.2012, there is no recent medical certificate indicating that the son of the applicant is in urgent need of medical treatment. A prescription dated 15.04.2017 of the Gopi Children Hospital and Neonatal Care Center at Deesa, has been annexed with the application. This only indicates that his son Jagdish is suffering from fever and cough. Further, there are no details regarding the educational requirements of the other of the applicant of the school in which he is to be admitted. Therefore, the reasons stated in the application are not found to be germane. Hence, We are not inclined to exercise discretion in favour of the applicant. 6. The application stands rejected. Rule is discharged.