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Gujarat High Court · body

2017 DIGILAW 1375 (GUJ)

Jagdishbhai Arjanbhai Gondalia v. State of Gujarat

2017-08-08

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORAL ORDER : ABHILASHA KUMARI, J. Rule. Mr. Ronak Raval, learned Additional Public Prosecutor, waives service of notice of Rule for the respondents. 2. This application dated 22.03.2017, has been preferred by the applicant, through Jail, with a prayer to release him on temporary bail for a period of thirty days in order to have himself operated for his ENT problem. 3. The applicant is undergoing life imprisonment in connection with offences punishable under Sections 302 read with Section 34, 143, 147, 148 and 149 of the Indian Penal Code, 1860. 4. We have perused the averments made in the application as well as the Jail record pertaining to the applicant, which indicates that his conduct in Jail is not good. The reason for this appears to be that in the year 2013, a bundle of bidi was found from the person of the applicant for which he has been given Jail punishment. Further, in the year 2016, certain forbidden articles were found from his person, for which he has also been punished in Jail. 5. On 31.07.2017, this Court has issued Rule in the application, making it returnable on 04.08.2017 On 04.08.2017, learned Additional Public Prosecutor asked for further time in order to verify the cause stated in the application, therefore, the application was directed to be listed on 08.08.2017 6. When the application is taken up today, Mr. Ronak Raval, learned Additional Public Prosecutor, has produced a Medical Report dated 05.08.2017, issued by the Medical Officer, Central Prison, Rajkot (name not given) from which, it is evident that the applicant is suffering from Right Sided Submandibular Lipoma for which he requires a surgery and the treatment for which is available at PDU Government Hospital, Rajkot. 7. Taking into consideration the averments made in the application as well as the contents of the Medical Report, we are inclined to partly grant the prayer made by the applicant. 8. Hence, the following order: 9. The applicant shall be enlarged on temporary bail for a period of fifteen days from the date of his actual 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. 10. Upon the expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 11. The application is partly-allowed, in the above terms. 5,000/- (Rupees Five Thousand Only) and upon the usual terms and conditions, to the satisfaction of the concerned Jail authority. 10. Upon the expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 11. The application is partly-allowed, in the above terms. Rule is made absolute, to the aforesaid extent.