KOLI JADAV KACHARABHAI Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) Rule, Mr. K.H. Baxi, learned A.P.P. waives service of Rule. Heard the learned advocate Mr. Popat and the learned A.P.P. for the State. The applicant-accused namely Koli Jadav Kacharabhai an under trial prisoner, who is alleged to have committed an offence of murder under section 302 of IPC and further who has not been earlier successful in getting the bail from this court, despite three attempts, has once again moved this court under section 439 of the Criminal Procedure Code, 1973, for getting himself enlarged on a temporary bail for three months on the ground of sickness of his wife Samriben, who is advised by the doctor to undergo Appendicitis operation. In support of the said prayer of bail, the applicant-accused has also produced a true-copy of the medical certificate dated 13.1.1991, the contents of which read as under:CertificateP.H.C.Madhavpur (Ghed)DT. 13.1.1991.

(2.) Now having seen the above certificate, it is possible for this court at this stage to accept and rely upon the same at its face value and enlarge the applicant-accused on bail since the same is incomplete. Except the name of the allegedly sick lady Sumriben and the disease she is suffering from, there is nothing in the said certificate which can lend any assurance to the conscience of this Court regarding genuineness and truthfulness of its contents. In short, the said certificate is incomplete in as much as there is no identification mark by way of either thumb impression or a signature of the said Samriben, which can link-up and establish the identity of the said sick person as the one and the same person only who is by name referred to in the said certificate. Assuming that the said certificate was, prima-facie, complete and valid, even then without verifying and inquiring into its genuineness and truthfulness, the same could have been straight way accepted and relied upon by this court to be acted upon.

(3.) At this stage, this court can be oblivious to the fact that the offence alleged against the applicant-accused is an offence of very serious nature (murder) under section 302 of IPC. Further still, previous to this application also, the applicant-accused had unsuccessfully attempted thrice before this court for getting himself released on bail by filing several Misc. Criminal Applications. Now the applicant-accused has once again endeavoured to approach this court for a temporary bail on the ground of sickness of his wife Sumriben, who is medically advised operation.