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Yogeshbhai Hasmukhrai Barbhaiya vs State Of Gujarat on 28 April, 2017

R/CR.MA/413/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 413 of 2017

YOGESHBHAI HASMUKHRAI BARBHAIYA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1
MR PRAVIN GONDALIYA, ADVOCATE for the Respondent(s) No. 1
MS CHETNA SHAH, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE P.P.BHATT

Date : 28/04/2017

ORAL ORDER

1. The present application is moved by the applicant seeking regular

bail in connection with First Information Report being C.R.No.I-38/2016

registered with Mahila Police Station, Rajkot for the offences punishable

under Sections 498A, 306 and 114 of the Indian Penal Code.

2. Learned advocate for the applicant submits that the applicant is

facing serious health issues and at present also, he is under medical

treatment. The medical treatment case papers are also produced along

with the application.

3. Learned advocate for the complainant submits that the applicant

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R/CR.MA/413/2017 ORDER

moved an application for transfer of jail and the said application is

allowed by the concerned Trial Court and accordingly, now he is

transferred to Sabarmati Central Jail, Ahmedabad. So now he can be

provided treatment through jail.

4. Learned Additional Public Prosecutor, upon instructions, submits

that at present, the applicant is under medical care and treatment with the

Civil Hospital.

5. In that view of the matter, learned advocate for the applicant

submits that the regular bail application of the applicant may be kept

pending and adjourned beyond vacation in the month of July, but the

applicant may be granted temporary bail for a period of three months so

that the family members can take care of the applicant during the course

of treatment.

6. Having regard to the facts and circumstances stated in the application,

which is supported by the medical case papers, this Court is of the view that the

discretion is required to be exercised in favour of the applicant by granting

temporary bail for a period of three months. Accordingly, the applicant is,

therefore, ordered to be released on temporary bail for a period of three months

from the date of his actual release in connection with the FIR being C.R.No.I-

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R/CR.MA/413/2017 ORDER

38/2016 registered with Mahila Police Station, Rajkot, on his executing a

personal bond and local surety in the sum of Rs.10,000/- (Rupees Ten Thousand

Only) before the Jail Authorities and subject to the following conditions, that the

applicant shall;

[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the
prosecution;

[c] surrender passport, if any, to the lower court within a week;
[d] not leave India without prior permission of the Sessions
Judge concerned;

[e] surrender before the Jail Authorities on completion of temporary
bail period without fail;

[f] during the temporary bail period, he shall appear before the
concerned Trial Court as and when required for the purpose of
framing charge, if health condition permits him to do so.
[g] on completion of temporary bail period, the applicant shall
produce the case papers relating to the treatment taken by him
before this Court on the next date of hearing.
[h] furnish latest and permanent address of residence and
contact numbers to the Investigating Officer, and also to the
Court at the time of execution of the bond, and shall not
change the residence without prior permission of this Court;

7. List again on 28.07.2017. Direct Service is permitted.

(P.P.BHATT, J.)
rakesh

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