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2017 DIGILAW 1327 (GUJ)

Mahesh @ Malyo @ Mahendra Devshibhai Damaniya Through Devshibhai Punjabhai Damaniya v. State of Gujarat

2017-07-28

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 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 get his father operated for Haemorrhoids. 3. The applicant is undergoing life imprisonment in connection with the offence punishable under Sections 302, 114, 392, 397 and 188 of the Indian Penal Code. 4. Heard Mr. Avni Patel, learned advocate for the applicant and Mr. J.K Shah, learned Additional Public Prosecutor for the respondent State and perused the averments made in the application. 5. The applicant has annexed copy of the medical certificate dated 14.07.2017 issued by Dr. Rasik Vaghasiya (M.S), Manavdip Surgical Hospital, Una, wherein it is stated that father of the applicant is suffering from Haemorrhoids and requires an operation. He is advised to get hospitalised for the said operation on 29.07.2017 6. The jail remarks pertaining to the applicant indicate that his conduct in jail is good. It appears that the applicant has not availed of temporary bail so far. 7. In view of the above facts and circumstances, we are inclined to partly grant the prayer made in the application. Hence, we pass the following order. 8. The applicant is directed to be released on temporary bail for a period of 10 days from the date of his actual release upon furnishing 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. 9. The applicant shall mark his presence before Varachha Police Station once every five days. 10. Upon expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 11. The application is allowed, in the above terms. Rule is made absolute to the above extent. 12. Direct service of this order today is permitted.