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Anas Salimkhan @ Altafkhan Pathan Thro Rukhsar Anas Pathan v. State Of Gujarat

Anas Salimkhan @ Altafkhan Pathan Thro Rukhsar Anas Pathan v. State Of Gujarat

(High Court Of Gujarat At Ahmedabad)

R/CRIMINAL MISC.APPLICATION NO. 6492 of 2022 | 30-03-2022

1. The present application is filed by the applicant, through his wife, seeking temporary bail for a period of 20 days in connection with C.R. No.I-108/2019 registered with Gayakwad Haveli Police Station, Ahmedabad City, on the ground that the father of the applicant has suffered an heart attack, 30% of the heart is not working and also that the applicant’s father is bed ridden.

2. Heard learned Additional Public Prosecutor for the respondent – State.

3. A perusal of the documents annexed does not state of any heart attack being suffered by the applicant’s father. Further, the document does not bear any signature of any cardiologist. It also appears that on 11.02.2022, some medicines have been prescribed by the attending Consultant. In addition, the medical documents do not bear any seal and signature of the Hospital.

4. Today, the party-in-person, i.e. the wife of the applicant has appeared in the Court and she has submitted that she requires the presence of her husband as they have got a daughter, who is aged 3.5 years and the child needs to be admitted in the school (nursery). The party-in-person appears to be capable enough to get the daughter admitted in the School. The documents, i.e. Admission Form does not bear any seal / receipt / acknowledgment from any concerned School authority. Hence, this document also does not inspire confidence.

5. In view of the above, this application for grant of temporary bail is rejected.

Advocate List
  • None

  • MR PRANAV TRIVEDI

Bench
  • HON'BLE MS. JUSTICE GITA GOPI
Eq Citations
  • LQ
  • LQ/GujHC/2022/4698
Head Note

Criminal Procedure Code, 1973 — S. 439 — Temporary bail — Conditions precedent — A perusal of the documents annexed does not state of any heart attack being suffered by the applicant's father — Further, the document does not bear any signature of any cardiologist — It also appears that on 11.02.2022, some medicines have been prescribed by the attending Consultant — In addition, the medical documents do not bear any seal and signature of the Hospital — The party-in-person, i.e. the wife of the applicant appears to be capable enough to get the daughter admitted in the School — The documents, i.e. Admission Form does not bear any seal / receipt / acknowledgment from any concerned School authority — Hence, this application for grant of temporary bail is rejected (Paras 3 to 5)