(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Rule.
Mr.Pandya, learned APP waives notice of Rule.
The present application has been preferred by the applicant-convict for extension of temporary bail granted by this Court vide order dated 29.12.2011 in Cr.M.A. No.17074/11.
The party-in-person Khodabhai Nathabhai himself has remained present with his son Pirabhai Khodabhai and his brother's son Laljibhai Mahadeva. We could notice that the convict is unable to stand and nor in a position to walk without support of atleast two persons from shoulder. It can be said that he is physically invalid unless proper treatment is provided to him for disease of cancer which is also a serious disease.
Mr.Pandya, learned APP has observed the same and he also stated that even as per the jail authority, unless there are two persons to support him and to look after him, it will be difficult for the jail authority also to take care of his physique as well as his treatment.
Keeping in view the aforesaid peculiar aspect, which might have remained unnoticed earlier since the convict was not personally present at that time nor the Court had an opportunity to see his physical condition, it would be just and proper to extend the temporary bail granted earlier for a period of 30 days on the same terms and conditions, i.e., upto 27.02.2012.
Application allowed to the aforesaid extent. Rule made absolute accordingly.
Mr.
Pandya, learned APP shall communicate this order to the jail authority.
(Jayant Patel, J.) (Paresh Upadhyay, J.) *bjoy Top