(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The matter was mentioned in the morning by the applicant- wife of the convict for taking the matter for urgent hearing. The request was granted.
The papers are received from the Registry. On perusal of papers it is noticed that the application is filed by wife of convict praying for temporary bail for 45 days so as to enable her husband to attend her for her treatment. She has stated in para 3 of the application that her husband has not come out of Jail after he was sentenced to 10 years of imprisonment. She has stated that she is residing all alone, that she has no children, that there is no responsible person in the family, that she is suffering from hypertension and that she has some difficulty in veins of her brain. Doctor has advised operation and she is not having proper mental condition. She is residing all alone in her house and her economic condition is bad. She has also stated that she is maintaining herself by doing petty household work and that her treatment is going on and finance is to be arranged.
2. In support of the application certificate issued by Resident Medical Officer, Central Hospital, Ulhasnagar is enclosed, wherein it is mentioned that, "This is to certify that I have examined Smt.Rehana Abdul Rajak Sheikh, age 35 years, i.e. today on 08/6/12 and I found that she is suffering from hypertension with V.B.L. and advised regular tmt (treatment?) and follow up."
3. Learned APP Mr.H.K. Patel made available for perusal Jail remarks. The convict is undergoing imprisonment for 10 years with fine of Rs.1,00,000/-, in default to further undergo imprisonment for 3 years under section 8(C), 20(2)(B)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act in Sessions Case No.2 of 2008, as awarded vide judgment and order of conviction dated 3rd March 2011 by the learned Additional Sessions Judge, Fast Track Court No.1, Himatnagar, Camp Idar. The convict has undergone 4 years, 2 months and 12 days as on 18th June 2012. All his co-convicts, three in number, are also in Jail.
4. Taking into consideration the facts and circumstances of the case, it is found that no case is made out for grant of temporary bail. Hence this application is rejected.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) karim Top