1. Both these applications are filed by common accused - Pachanbhai, seeking temporary bail in connection with Sola Police Station, bearing I CR No.163/2010 and in connection with Sarkhej Police station bearing I CR No. 67/2009.
2. Ms.
G.B.Jadeja learned advocate for the common accused, submitted that wife of the accused is required to be operated upon for her serious ailment on 15th June, 2012 and in support thereof, a certificate of Dr. S.K.Patel is tendered for my perusal, which shall be retained on record. She has also tendered for perusal, the order dated 13.10.2011 passed by this Court in Criminal Misc. Application NO. 14543 of 2011 and other allied matters whereby on account of ailment of wife of the accused, he was released on temporary bail from 14th October, 2011 to 24th October 2011 and it is submitted that he surrendered in time before the concerned jail authority.
3. Heard Mr. J. K. Shah, learned APP for the respondent-state.
4. Having considered the submissions advanced on behalf of both the sides, so also considering the facts and circumstances of the case and the certificate of the medical officer and the order of this Court dated 13.11.2011, this court is of the opinion that the accused is required to be released on temporary bail in connection with both these matters for a reasonable period.
5. Both these applications are partly allowed and accused - Pachanbhai, is ordered to be released on temporary bail for a period of 10 days from the date of actual release on executing personal bond of Rs. 10,000/- with one surety of like amount to the satisfaction of the concerned jail authority on the condition that during the period of his temporary bail, he shall maintain law and order and shall not take disadvantage of his liberty and on completion of the period of his temporary bail, he shall immediately surrender to concerned jail authority.
6. Direct service , as prayed for, is permitted.
(J.C.Upadhyay, J.) cmj/ Top