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Gujarat High Court · body

2017 DIGILAW 1317 (GUJ)

Patel Mehulkumar @ Ghanti Madhavlal Through Anandiben Madhavlal Patel v. State of Gujarat

2017-07-27

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORDER : ABHILASHA KUMARI, J. 1. Rule. Mr. Manan Mehta, 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 extend the period of temporary bail granted to him by the order dated 14.07.2017, passed by this Court, in Criminal Misc. Application No. 17324 of 2017, whereby this Court enlarged the applicant on temporary bail for a period of ten days on account of the procedure for chronic calculous suffered by the father of the applicant, which was scheduled to be held on 20.07.2 017. 3. The applicant is undergoing life imprisonment in connection with the offence punishable under Section 302 of the Indian Penal Code, 1860. 4. By way of the present application, the applicant has prayed for an extension of the period of temporary bail by a further period of thirty days on the ground that the grandfather of the applicant is suffering from enlarged prostate and needs surgery. A Medical Certificate issued by Dr. Sagar Gupta of Patan Janta Hospital has been annexed to the application, wherein it is stated that the patient is suffering from enlarged prostate and needs surgery. 5. We have perused the Jail remarks pertaining to the applicant, which indicate that his conduct in Jail is good and on previous occasions, when he was released on temporary bail, he has surrendered on time. 6. Taking into consideration the reasons stated in the application, we deem it appropriate to partly grant the prayer made by the applicant. 7. Hence, the following order: 8. The period of temporary bail granted to the applicant vide order dated 14.07.2017, passed by this Court, in Criminal Misc. Application No. 17324 of 2017, is extended for a further period of ten days from the date on which the applicant was to surrender, on the same terms and conditions. The applicant shall surrender to the concerned Jail authority on the completion thereof. 9. It is made clear that no further extension shall be granted. 10. The application is partly-allowed, in the above terms. Rule is made absolute, to the aforesaid extent. 11. Direct Service of this order, today, is permitted.