(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the convict through his son praying for temporary bail for a period of 30 days from the date of his release so as to attend his wife, who is advised operation by one Dr.Mahesh V. Dama, M.S. (Ortho.). Initially, when the application was filed on 16th May 2012, the applicant had annexed medical certificate dated 16th May 2012, wherein it was stated that, "This is to be certify that Mrs.Sabera Pataliya F/ 40 yrs having .. (illegible) lumbar L-4-5 .. (illegible). She required surgery for same and approximate cost is Rs.60,000/- (sixty thousand only). Surgery is to be planned on dated 3/6/12. Kindly considered it."
Thanking you Sd/-
(illegible) "
When the matter came up for consideration by this Court on 11th June 2012, the learned advocate for the applicant was not present. At the request of the learned Special Public Prosecutor, Mr.J.M. Panchal the matter was adjourned to enable him to take instructions in the matter.
2. Today, when the matter is called out, the learned advocate for the applicant has produced another certificate from the same doctor dated 7/6/12, which is corrected as '8/6/12'. The certificate reads as under:
"To whomsoever it may concern.
This is to be certify that Mrs.Saberaben Ayub Pataliya F/40 yr having spindylithesis at L-4 level with L-4-5 disc .. (illegible) with nerve rout compression as per MRI Report suggestive. She required surgery for same. .. (illegible) Approximate date of surgery may be 17/6/12. Kindly considered it. Cost of surgery is 60,000/- (sixty thousand only).
Sd/-
(illegible) "
3. The learned Special Public Prosecutor Mr.Panchal made available for perusal communication dated 13th June 2012 received from the Office of the Special Investigation Team, Old Secretariat, Gandhinagar, along with statements of (i) Saberaben, wife of Ayub Pataliya, aged 40 years, (ii) Kasam Pataliya, aged 22 years (son of the convict), and (iii) Ateka, wife of Iqbal Kalu, aged 25 years. Last but not the least, statement of Dr.Mahesh V. Dama, who has stated that on inquiry about treatment given to Saberabano it is stated that she had taken treatment earlier in his hospital, her operation of Saberabano is kept in his hospital on 17th June 2012 and approximate cost is going to be Rs.60,000/-. The doctor has further stated that at the time of operation of patient-Saberabano, presence of her husband is not necessary, it can be performed in presence of any elderly person of her family and her son. The doctor has further stated that presence of the convict is not warranted in the hospital.
4. Taking into consideration the opinion of the doctor the Court finds no reason to grant temporary bail to the convict. Hence this application is rejected.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) karim Top