Narayan Sitaram Tank @ Naran Chenalwalo v. State of Gujarat
2017-09-22
A.J.SHASTRI, ABHILASHA KUMARI
body2017
DigiLaw.ai
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-prisoner, with a prayer to extend the period of temporary bail granted to him, by a further period of thirty days. 3. The applicant had been earlier enlarged on temporary bail for a period of seven days vide order dated 28.8.2017 passed in Criminal Misc. Application No. 21359 of 2017, on the ground that his grandson had been admitted in the hospital. Thereafter, the applicant filed Criminal Misc. Application No. 22252 of 2017 for the extension of the period of temporary bail, stating that his grandson was suffering from “CHO (ASD E USD C PAHD) and Premanetis.” The period of temporary bail was, therefore, extended at the first instance vide the order dated 8.9.2017 passed in the above-mentioned application, by a further period of fifteen days. 4. The present application has been preferred by the applicant for a second extension of temporary bail by a period of thirty days, on the ground that the minor grandson of the applicant is on Ventricular Support and has been admitted to CIMS Hospital. 5. The applicant has annexed a copy of the Certificate, issued by CIMS Hospital dated 18.9.2017, wherein it is stated that Master Keon Sumit Tank, aged one month, male, patient was admitted at CIMS Hospital on 13.9.2017 under the treatment of Dr. Kashyap Sheth. He was diagnosed with VSD Device Closure. The patient underwent Ventricular Device Closure on 16.9.2017 by Dr. Kashyap Sheth. He is still admitted in the hospital and is on Ventricular Support for approximately seven to eight days. The patient's stay in the hospital would be approximately fifteen to twenty days. 6. The applicant is undergoing life imprisonment for the offences punishable under Sections 302 read with Sections 149, 396, 397, 398, 201, 449, 435, 436, 452, 147, 148, 295, 153(A)(1)(a)(b), 427, 332, 337, 143, 186, 447,’ 188 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act. 7. We have heard Mr. Mehul A. Surti, learned advocate for the applicant and Mr.
7. We have heard Mr. Mehul A. Surti, 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 as well as the Medical Certificate of CIMS Hospital and the receipts pertaining to the hospitalization charges that have been annexed therewith. It transpires from the Medical Certificate that the grandson of the applicant has undergone the procedure of Ventricular Device Closure on 16.9.2017 and has been put on Ventricular Support for approximately seven to eight days, with a total period of hospitalization for fifteen to twenty days. 8. The reason stated in the applicant, therefore, appears to be genuine. We are, therefore, inclined to partly grant the prayer made by the applicant. Hence, the following order: The period of temporary bail granted to the applicant vide order dated 28.08.2017, passed in Criminal Misc. Application No. 21359 of 2017 and extended by a period of fifteen days vide order dated 8.9.2017, passed in Criminal Misc. Application No. 22252 of 2017, is hereby extended by a further period of ten days, on the same terms and conditions. Upon expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 9. The application is allowed, in the above terms. Rule is made absolute to the above extent. 10. It is, however, made clear that no further extension shall be granted.