Sureshji Karnaji Thakor vs State of Gujarat and 1

Honourable Mr. Justice M.R. Shah

Rule. Mr. Dabhi, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent State. In the facts and circumstances of the case, the present application is taken up for final hearing today. Present application through jail has been preferred by the applicant-original convict to release the applicant on temporary bail for a period of 30 days for cultivating his agriculture land.

At the outset, it is required to be noted that earlier in the month of August 2012 the applicant sought temporary bail for 60 days on the ground that his father is suffering from Brain Cancer and his presence is required to take care of his father. However, considering the medical report given by the Civil Hospital, Ahmedabad the learned Single Judge dismissed the said application by observing that no significant abnormality was detected in the patient and therefore, there is no evidence that the father of the applicant is suffering from Brain Cancer. While rejecting the said application learned Single Judge has also observed that even the applicant has elder brother. Under the circumstances, when the applicant has elder brother and even there are other co-owners of the agriculture land i.e. uncle of the applicant who can cultivate the agriculture land no ground is made out to release the applicant on temporary bail on the ground set out in the application. Under the circumstances, present application deserves to be dismissed and is accordingly dismissed.