High CourtsSingle Bench(2021) 05 GUJ CK 0071

Bhimabhai Haribhai Bharwad Thro Hirenbhai Raghubhai Bharwad vs State Of Gujarat

Gujarat High Court · Decided on 28 May 2021

HON’BLE JUDGES
Gita Gopi, J
RESULT
Dismissed
CASE NUMBER
Criminal Misc.Application (For Extension Of Temporary Bail) No. 1 Of 2021 In R/Criminal Appeal No. 587 Of 2021

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Judgment

16 paragraphs · 311 words

Gita Gopi, J

1.

Vide order dated 24.05.2021, the police was called upon to verify the medical condition of the applicant who had prayed for extension of temporary

bail on the ground of undergoing medical treatment for he being tested positive for CovidÂ​19.

2.

Learned Additional Public Prosecutor Ms. Nisha Thakore has produced a report of Police Sub Inspector Y. A. Parmar, Bagodara Police Station.

According to the report, the police contacted Hiren Raghubhai Bharwad who had moved the present application on behalf of the applicant â€

Bhimabhai Haribhai Bharwad. Hiren Raghubhai Bharwad stated that Bhimabhai Haribhai Bharwad is his real uncle and he was on interim bail on

death of his mother on 18.04.2021. Further extension of bail was prayed for on the ground of his illness. On further inquiry by the police as regards the

treatment of the applicant, Hiren Raghubhai Bharwad expressed his ignorance of the dispensary from where the applicant was taking his treatment.

Hiren Bharwad could not produce any medical document showing that the applicant was affected by Covid 19 virus. The police also inquired from

the neighbors of the applicant and recorded statements, but none could say whether the applicant is suffering from CovidÂ​19.

3.

Learned APP Ms. Thakore has also submitted that coÂ​accused are reported to be absconding.

4.

It appears that on false ground, extension of temporary bail has been prayed. Ms. Akshitaba Solanki, learned advocate for the applicant has also not

verified the fact and without any supporting document, the present application for extension of temporary bail has been moved. Such attitude of the

applicant has to be viewed very seriously.

5.

In view of above observations, this application is rejected. It is directed that whenever any application for bail or interim bail is moved by the

applicant, the Registry shall place a copy of this order on record of that application.