MURLIBHAI NARANBHAI KHANCHANDANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Court on 14.12.2015, passed the following order:

(2.) Pursuant thereto, the Special PP has placed on record the communication which he has received along with accompanying communications, which indicate that the documents annexed to the petition for seeking temporary bail do not seem to be genuine as the accompanying documents to the communication to the Public Prosecutor indicate that there is no such patient examined by the concerned doctor or the team whose name is mentioned in the broacher i.e. Dr. Arvind Sharma.

(3.) In these circumstances, the Court would have embarked upon deeper prob and made observation qua sharp practice adopted for seeking temporary bail, which would have larger effect upon the future application based upon such request. However, at this stage, looking to averments made in the application, and over all condition of prisoner, we are not inclined to make any adverse observation at this stage but at the same time, it is required to be noted that the practice adopted for seeking temporary bail deserve to be deprecated and in future, when such applications are made, at least by the prisoner convict himself or on behalf of convict, the duty would be cast upon Special PP or representative of State to verify the veracity of document, that may be relied upon.