Ms.Thakkar, learned APP has submitted that, she has received communication dated 18.12.2012 from Police Inspector, Umra Police Station, along therewith the statements recorded by concern Investigating Officer of the concern Doctors, wherefrom it is clear that the certificate dated 12.12.2012 was not issued by the Doctors of that hospital and whereof the temporary bail extension application was made and the Court was persuaded to exercise its bail granting power, which is said to be incorrect or forged or false certificates by the Doctors.
Learned APP seeks leave to place on record facts with appropriate affidavit of the concern officer and therefore she seeks time, matter is kept on 24.12.2012. The copy of the affidavit i.e. to be filed be given to learned advocate for the petitioner by 20.12.2012.
Learned advocate Mr.Anil S. Dave under the instructions of one Shri Atmaprakash Shirumal Samnani who happens to be uncle of the applicant says that the applicant is still being treated as indoor patient in the hospital, which is known as Shree Mahavir Health and Medical Relief Society, Shri Bachubhai Dahyabhai Mehta Mahavir Heart Institute, Shree Mahavir Health Campus, Athwagate, Ring Road, Surat. The letter pad is shown to said Shri Atmaprakash Shirumal Samnani and learned Counsel for the applicant says that the applicant is in the same hospital.
In view of this temporary bail which is expiring on 19.12.2012 is extended till 24.12.2012 with specific observations that the applicant even if he is discharged shall first inform concerned Investigating Officer at concern Police Station unless there is a medical emergency. The undertaking of applicant s wife to this effect be field by 20.12.2012 before this Court that the applicant is treating in the above-named hospital and he will not be shifted even if he is discharged without first informing to concern Investigating Officer, unless there is medical emergency require his evocation, which should be supported by the proper documents.
Mr.Ashish Dagli seeks permission to appear on behalf of the applicant. Permission as sought for is granted.
Copy of the order may be made available to the learned APP for its onwards transmission.
S.O.
to 24.12.2012.
(S.R.BRAHMBHATT, J.) dks Page 3 of 3