Misc. Criminal Application No. 6113 of 1996 Coram: S.D. Dave & R.R. Jain, JJ.
December 23, 1996 Order:
The present petition, in our view, requires a partial recognition. The petitioner, Smt. Kamla, is before us asking for a temporary bail for a period of 30 days for her husband, Jugal Kishore, who is a convict and at present has been lodged at Sabarmati Central Prison. The case put forth by the petitioner/wife is that she is suffering from Appendicitis and that the operation was fixed on December 22, 1996. Upon this petition we had given a notice to the State as a result of which the learned A.P.P. Mr. S.R. Divetia appears. The Deputy Commissioner of Police, Zone I, Ahmedabad City, has made necessary investigation regarding the genuineness of the case being presented by Smt. Kamla. There is a report dated December 19, 1996 saying that she was found to be suffering from some ailment and ultimately she had consulted Dr. Vinay Bharwad, a local surgeon. The report also says that according to Dr. Bharwad she requires surgical treatment. The statement of Dr. Bharwad dated December 18, 1996 would go to show that in fact the petitioner/wife requires surgical treatment and that the operation was scheduled to be on December 22, 1996.
We have been satisfied regarding the fact situation. There was a contention coming from the learned A.P.P. Mr. Divetia that even interim bail cannot be granted in view of the provisions contained in Section 32A of the Narcotic Drugs and Psychotropic Substances Act, 1985. Certain decisions have been talked about before us and we have been able to lay our fingers on a decision of this Court (Coram: J.M. Panchal & H.R. Shelat, JJ.) rendered on April 12, 1996 in Special Criminal Application No. 391 of 1996. It was also a case of conviction under the NDPS Act, 1985. The Bench of this Court has granted temporary bail for the prisoner for a period of ten days. There has been infliction of certain conditions.
Following the say of the Bench in the said order, but of course in the facts and circumstances of this case, while adopting a humanitarian approach, we order that the prisoner should be released on temporary bail for a period of ten days from the date of his actual release. The prisoner shall deposit an amount of Rs.2,000/- before the jail authorities before his release. During this period, the prisoner shall report to Chandlodia Police Station atleast two days and get his presence marked. He shall not leave the City and District of Ahmedabad without having obtained prior permission of this Court.
Rule is made absolute. Direct service is permitted.
23.12.1996.( S.D. Dave, J. ) ( R.R. Jain, J. )