(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1) Rule.
Learned Additional Public Prosecutor, Mr.K.L.Pandya waives service of notice of Rule on behalf of the respondents.
2) Both the applications are for extension of time of temporary bail on the ground that one of the applicant Shree Nanajibhai Dahyabhai Vanand is suffering from Paralysis and they are desirous to have the treatment from the private Doctor.
3) Both the convicts are personally present and it thus appeared that Nanjibhai Dahyabhai Vanand, one of the convict is suffering from Paralysis. The sickness of paralysis is such that it cannot be treated immediately and it will require long time for treatment. Till the treatment is completed, both the convicts cannot be kept out on temporary bail. Upon further inquiry, as stated by the convict that the another son of Shree Nanjibhai Dahyabhai Vanand namely Vishal Nanjibhai is also in Jail convicted for the same offence. Therefore, if the treatment is to be given within Jail through Jail Dispensary or through the Doctor of Government Hospital, the assistance can be rendered by one of the son, who are co-convict and the same would also help Shree Nanjibhai Dahyabhai Vanand, one of the convict to have the better treatment as an attendant within Jail.
4) Under the circumstances, we find that if for some time the period is extended for treatment of one of the convict Shree Nanjibhai Dahyabhai Vanand, the same would serve the purpose, but thereafter, both the convicts will have to surrender.
5) In view of the aforesaid, following order;
Temporary bail granted earlier shall stand extended till 30th January 2012 on the same terms and conditions with the further direction that they shall surrender before the Jail Authority on 31st January 2012.
It is also observed that after their surrender, the Jail Authority shall take care of treatment of one of the convict Nanjibhai Dahyabhai Vanand and as and when the convict is sent to the Hospital for treatment, one son of the convict who is also co-convict either Manoj Nanjibhai or Vishal Nanjibhai shall be permitted to remain with the convict as an attendant for treatment purpose.
6) The present applications are allowed in terms of the aforesaid directions. Rule is made absolute.
(JAYANT PATEL,J.) (PARESH UPADHYAY,J.) Vahid Top