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Gujarat High Court · body

2017 DIGILAW 1325 (GUJ)

Vijaykumar Pashabhai Rawal v. State of Gujarat

2017-07-28

A.J.SHASTRI, ABHILASHA KUMARI

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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 18.07.2017, has been preferred by the applicant, through jail, with a prayer to enlarge him on temporary bail for a period of 30 days in order to provide medical treatment to his father and seven-year old niece. 3. The father of the applicant is stated to be suffering from a breathing problem whereas his niece is stated to be suffering from Tuberculosis. 4. The applicant is undergoing life imprisonment in connection with the offences punishable under Sections 302, 120B, 397, 201 and 394 of the Indian Penal Code. 5. We have perused the averments made in the application as well as the jail remarks pertaining to the applicant which indicate that his conduct in jail is not good. The reason for this appears to be that one currency note of Rs. 1,000/-, nine currency notes of Rs. 500/- and eleven currency notes of Rs. 100/- totaling to Rs. 6,600/- as well as five pouches of Tobacco, five pouches of ‘Chuna’ and three packets of ‘Bidi’ were found from the person of the applicant. He has been given jail punishment for the above lapses. 6. Be that as it may, for the reasons stated in the application, we find that there are no supporting medical certificate or documents to enable this Court to arrive at any conclusion regarding the veracity of the statements made in the application. 7. We are, therefore not inclined to exercise discretion in favour of the applicant. 8. Hence, the application stands rejected. Rule is discharged.