ZOHEB Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application under the provision of Sec. 21 of the NIA Act has been preferred by the appellant with a prayer to release him on temporary bail for a period of 30 days on the ground of medical treatment (spinal cord operation) of his brother.

(2.) Learned advocate for the appellant submits spinal cord operation of brother of the appellant is required to be performed and recently, brother of the appellant has also diagnosed with cancer. The presence of the appellant is very much necessary for taking care of his ailing brother. Therefore, he urges for temporary bail.

(3.) Mr.Khitij Amin, learned advocate for the respondent no.3 opposed the present appeal for grant of temporary bail by submitting that the factum of the application has been verified by the investigating agency and upon verification, it is found that neither the date of operation of brother of the appellant is fixed nor charges for the same have been paid by the brother of the appellant. He further submits that the conduct of the present appellant in jail is not good. He also submits that the appellant had threatened the learned Public Prosecutor appearing before the Trial Court and an application in this regard has also been given before the Trial Court. He, therefore, prays to dismiss the present appeal.