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Gujarat High Court · body

2017 DIGILAW 1614 (GUJ)

Narayan Sitaram Tank @ Naran Chenalwalo @ Naran Khodiyo v. State of Gujarat

2017-09-08

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 for the respondents. 2. This application has been preferred by the applicant for extension of the period of temporary bail already granted to him vide order dated 26.08.2017, passed in Criminal Misc. Application No. 21359 of 2017, by a further period of thirty days. By the above-referred order, the applicant had been enlarged on temporary bail for a period of seven days on account of the hospitalisation of his infant grandson. 3. The applicant is undergoing life imprisonment in connection with several offences including that under Section 302 of the Indian Penal Code, 1860. 4. We have perused the averments made in the application as well as the Certificate dated 02.09.2017, issued by one of the Doctors of Jeel Children Hospital (name not reflected under the signature). It is stated in the Certificate that the grandson of the applicant-Keon Sumit Tank is suffering from “CHO (ASD E USD C PAHD) and Premanetis” and an expert opinion is required to be taken. 5. The Jail remarks pertaining to the applicant indicate that his conduct in Jail is good and on the previous occasions when he was released on temporary bail, he has surrendered on time. 6. Having heard Mr. Mehul A. Surati, learned advocate for the applicant and Mr. J.K Shah, learned Additional Public Prosecutor for the respondents and upon perusal of the averments made in the application and reason stated therein, which appears to be fortified by the medical papers, we are inclined to partly grant the prayer made by the applicant. 7. Hence, the following order: The period of temporary bail granted to the applicant vide order dated 26.08.2017, passed in Criminal Misc. Application No. 21359 of 2017, is hereby extended by a further period of fifteen days on the same terms and conditions. Upon expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 8. The application is partly-allowed, in the above terms. Rule is made absolute, to the above extent. 9. Direct Service of this order, today, is permitted.