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Gujarat High Court · body

2017 DIGILAW 1319 (GUJ)

Satish Bipinbhai Makwana v. State of Gujarat

2017-07-28

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORAL ORDER : ABHILASHA KUMARI, J. Rule. Mr. J.K. Shah learned Additional Public Prosecutor, waives service of notice of Rule for the respondents. 2. This application has been preferred by the applicant with a prayer to extend the temporary bail already granted to him vide the order dated 12.07.2017, passed in Criminal Misc. Application No. 17421 of 2017, by a further period of thirty days. 3. The applicant is undergoing life imprisonment in connection with offences punishable under Sections 376(2) and 328 of the Indian Penal Code, 1860, Section 3 of the Prevention of Children from Sexual Offences Act, 2012 and Sections 66(B) and 67(E) of the Information Technology Act, 2000. 4. By the above-mentioned order, the applicant had been released on temporary bail for a period of ten days on the ground of providing financial assistances to his family members as well as treatment of his mother for the disease of Cancer. In the present application, it is stated that the fourth cycle of Chemotherapy treatment was given to the mother of the applicant on 12.07.2017, and now the fifth Chemotherapy cycle is scheduled to be given on 02.08.2017 The CBC test and other medical tests are required to be performed on 01.08.2017, before the fifth cycle of Chemotherapy. The applicant has annexed the copies of the necessary medical certificates along with the application from which it can be discerned that the fifth Chemotherapy cycle with regard to the mother of the applicant is to commence on 02.08.2017 5. Taking into consideration the above aspects and as the jail remarks pertaining to the applicant indicate [that his conduct in jail is good and the applicant has surrendered on time on the previous occasions when he was released on temporary bail, we consider it appropriate to partly grant the prayer made in the application. 6. In view of the above, we pass the following order: The temporary bail granted to the applicant vide order dated 12.07.2017, passed in Criminal Misc. Application No. 17421 of 2017, is hereby further extended for a 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. 7. The application is partly-allowed, in the above terms. Rule is made absolute accordingly. 8. Direct Service of this order, today, is permitted.