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Gujarat High Court · body

2017 DIGILAW 1582 (GUJ)

Baijiben Punjani Thakor v. State of Gujarat

2017-09-04

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORDER : A.J SHASTRI, J. 1. The applicant has filed the present temporary bail application for the purpose of seeking release for forty-five days vide his application dated 04.08.2017 The reason which has been assigned is that she is suffering from kidney stone and other gynecological problems and for that purpose, she wants to get treated herself through private hospital and for that purpose, an application is presented. 2. For the purpose of verification, we have issued Rule vide our order dated 16.08.2017, and based upon the same, today, Mr. J.K Shah, learned Additional Public Prosecutor, has produced a certificate issued by Dr. Sudha K. Shah, Medical officer, Ahmedabad Central Jail, dated 31.08.2017, by which it has been categorically certified that the applicant is suffering from “15 MM calculi RT PUJ” for which she was sent to Urology Department of Civil Hospital, Ahmedabad, on 30.08.2017 and 31.08.2017 Therefore, the reason which has been stated in the application is found to be genuine one. 3. Considering the above aspect, we have perused the Jail remarks pertaining to the applicant which indicate that the conduct of the applicant in Jail is stated to be good and when she was enlarged on temporary bail from 28.10.2016 to 06.11.2016, she has surrendered well within time. The applicant is undergoing life imprisonment in connection with offences punishable under Sections 302 and 307 of the Indian Penal Code, 1860, against which order of conviction, an appeal is pending before this Court. 4. Considering the overall aspects of the matter, we are inclined to exercise discretion in part. Hence, the following order: The applicant is permitted to be enlarged on temporary bail for a period of fifteen days 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. 5. The application is allowed, in the above terms. Rule is made absolute accordingly.