(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. Draft amendment granted.
2. The present application is preferred by the applicant convict for extension of time of temporary bail granted to the applicant vide order dated 15.2.2012 in Criminal Misc. Application No.1220 of 2012 and by draft amendment, it is also prayed to condone the defaulted period of late surrender because of unavoidable circumstances of accidental medical emergency arisen to the applicant.
3. In order to see that whether the ground is genuine or not, the State was directed to inquire about the cause for extension as well as for not surrendering with the jail authority after the expiry of the period of temporary bail as per the order passed earlier dated 15.2.2012. Learned APP Mr. Pandya has verified the said aspect and as per his instructions received from the concerned Police Station of Rajkot initially, the applicant, on account of the accidental injury, was admitted in N.M. Virani Wockhardt Hospital, but thereafter, he has been discharged on 28.3.2012. He came to be admitted in the Hospital on 26.2.2012. It is stated by learned counsel for the applicant that after the accident, for initial period he was admitted in the Government Hospital and thereafter, he was shifted to N.M. Virani Wockhardt Hospital at Rajkot. The medical certificate of private hospital is produced on record. It was submitted by learned counsel for the applicant that the convict has now been discharged from the Hospital and he is at residence and he is being attended by a private nurse. It was also submitted that since the applicant was not in a position to bare the expenses of the private hospital, he had no option, but to get discharged.
4. Considering the above, we find that the ground of accident during the period of temporary bail appears to be genuine and further, thereafter, because of severe injury, he could not surrender and he remained in hospital. Therefore, such period also deserves to be leniently viewed. But at the same time, since he is unable to have the treatment at private hospital, it would be just and proper that the convict surrenders to the jail authority within a reasonable time and thereafter, the jail authority, through the Government Hospital, shall ensure that the proper treatment is provided to the convict. Hence, the following order:-
(a) The temporary bail granted earlier to the convict vide order dated 15.2.2012 in Criminal Misc. Application No.1220 of 2012 shall stand extended till 16.4.2012 with the direction that the convict shall surrender with the jail authority on 16.4.2012.
(b) The jail authority shall ensure the proper treatment through jail dispensary or the Civil Hospital as the case may be to the convict.
(c) Delay in surrendering to the jail upto 16.4.2012 shall stand condoned.
5. The application is allowed to the aforesaid extent. Rule is made absolute. Direct service permitted.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) shekhar* /HTML> Top