Vikram Maganbhai Vaghela Through Dipika Vikrambhai Vaghela v. State of Gujarat
2017-07-28
A.J.SHASTRI, ABHILASHA KUMARI
body2017
DigiLaw.ai
ORDER : ABHILASHA KUMARI, J. 1. Rule. Mr. Ronak Raval, 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, through his wife, with a prayer to release him on temporary bail for a period of thirty days in order to attend the clinic of the Doctor for investigation and treatment for infertility, which is being taken by his wife. 3. It is stated in the application that the applicant has got married twelve years ago but there is no child from the wedlock, therefore, the wife of the applicant is taking IVF (In Vitro Fertilization) treatment. During this treatment, the presence of the applicant is required. The applicant has produced the medical papers from the Institute of Dr. H.L Trivedi Institute of Transplantation Science, Civil Hospital Campus, Ahmedabad, wherein it is stated that the presence of the applicant is required for investigation and treatment of fertility. 4. The applicant is undergoing life imprisonment in connection with offences punishable under Sections 302, 324, 114 and 504 of the Indian Penal Code, 1860. 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. It appears that the reason for this is that canteen coupons of the applicant were found from another prisoner on one occasion and, on another occasion, the applicant had surrendered after the closure of the gates of the jail. 6. Taking into consideration the reason stated in the application, we consider it appropriate to partly grant the prayer made in the application. 7. Hence, the following order: The applicant is permitted to be enlarged on temporary bail for a period of ten days from the date of his release on furnishing a 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. 8. The application is allowed, in the above terms. 9. Rule is made absolute accordingly.