This oral order grants temporary bail to an under-trial prisoner suffering from cancer and whose wife is ill, allowing his release for 30 days to access medical treatment and manage family finances.
Release on temporary bail for 30 days on personal bond of Rs. 5,000/-
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/9071/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 9071 of 2020
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MAHEBOOBKHAN MALAJI MALEK
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR R D CHAUHAN(6865) for the Applicant(s) No. 1 MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1 MR.R.C.KODEKAR APP(2) for the Respondent(s) No. 1 RULE NOT RECD BACK(63) for the Respondent(s) No. 2
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CORAM: HONOURABLE MR. JUSTICE R.P.DHOLARIA
Date : 13/07/2020
ORAL ORDER
[1] Heard learned advocates for the respective parties through video conferencing.
[2] Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent – State.
[3] The present application has been filed by the Applicant for temporary bail for looking after his ailing wife, who is suffering from kidney problem as well as for making financial arrangement of his family in the current situation of pandemic Covid-19. He has annexed medical case papers to the application.
[4] Learned advocate appearing on behalf of the applicant through video conferencing submits that the applicant's wife is suffering from kidney as well as he is also suffering from cancer. He further submits that the applicant is in jail for about last 2 years, and in the current situation, trial is stalled.
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R/CR.MA/9071/2020 ORDER
[5] Having heard the learned advocates for the parties and taking into consideration that (i) the jail remarks as well as impugned order; (ii) the applicant is long standing incarceration as under trial prisoner; (ii) the applicant is suffering from cancer and his wife is having only one kidney, this Court is of the opinion that the application requires consideration and the same is allowed. The applicant shall be released on temporary bail for a period of 30 days from the date of his actual release, on executing personal bond of Rs.5,000/- (Rupees five thousands) before the Jail authority and on usual terms and conditions. The applicant to surrender before Jail Authority on completion of temporary bail, without fail. Rule is made absolute to the aforesaid extent.
[6] Registry to send the copy of the this Order to the concerned Jail Authority through Fax and Email.
(R.P.DHOLARIA, J)
TAUSIF SAIYED
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2 issues framed by the court
Whether the applicant is eligible for temporary bail pending illness of his family member and cancer in himself.
Whether temporary bail should be granted for the purpose of medical care and financial arrangements during a pandemic.
MAHEBOOBKHAN MALAJI MALEK
STATE OF GUJARAT
R.P. DHOLARIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
