Rule. Mr. A.J.Desai, learned APP appears and waives service of notice of rule on behalf for the respondent State.
2.By filing this petition, petitioner - Bharatsingh Nathusingh Chauhan, an under-trial prisoner against whom C.R.No. I-16 of 2001 is registered with Bapunagar Police Station for the commission of the alleged offences punishable under Sections 302, 143, 147, etc. of the Indian Penal Code has sought for temporary bail on the grounds stated in the petition.
3.The petitioner claimed that his widowed mother named Mujibha, aged about 70 years, is suffering from heart ailment and as her condition is very critical she is admitted in ICC unit of U.N. Mehta Institute of Cardiology and Research Centre, Ahmedabad for angioplasty. It is further stated that petitioner was enlarged on temporary bail for a period of 7 days vide order dated July 16, 2001 recorded in Criminal Misc. Application No. 5150 of 2001 by this Court (Coram : A.M.Kapadia, J) and pursuant to the said order he was released on temporary bail on July 19, 2001 and as the Angioplasty was to be done on the same date, it could not be done. It is, therefore, urged that the petitioner may be enlarged on temporary bail for a period of 30 days.
4.Having heard Ms. K.U.Mishra, learned Advocate for the petitioner and Mr. A.J.Desai, learned APP for the respondent State and on having perusal of the averments made in the petition as well as the bunch of certificates shown to me, I am of the opinion that if the petitioner is enlarged on temporary bail for a period of two weeks the ends of justice would be met as angioplasty requires hospitalisation for a maximum period of two days only and thereafter the petitioner can remain with her during the follow-up treatment.
5.For the foregoing reasons, the petition succeeds in part and is accordingly partly allowed. The petitioner Bharatsingh Nathusingh Chauhan is ordered to be released on temporary bail for a period of two weeks from July 28, 2001 to August 10, 2001 on his depositing an amount of Rs. 2000/- (Rupees two thousand only) with the jail authority, which shall be refunded to him on his surrendering before the jail authority on August 10, 2001 latest by 5:00 PM. During the period of temporary bail the petitioner shall not tamper with the prosecution evidence in any manner. He shall not try to meet the complainant or prosecution witnesses and shall maintain law and order throughout the above period. Moreover, he shall not leave the local limits of Gujarat. During the period of temporary bail he shall see to it that the purpose for which the temporary bail is granted is served.
6.Rule is made absolute to the aforesaid extent. Direct service is permitted.
(A.M.Kapadia, J) Jayanti*