SAKINA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Shakina, by this Misc. Criminal Application under S.389 of the Code of Criminal Procedure, 1973, has moved this Court inter alia praying for releasing her husband - Fakruddin Murshid on temporary bail, who at present is undergoing 10 years' RI at Central Prison, Sabarmati, Ahmedabad, on his coming to be convicted for the alleged offences punishable under Secs. 21, 28 and 29 of the N.D.P.S. Act, 1985, by the learned Additional Sessions Judge, Bulsar at Navsari, vide his judgment and order dated 2-6-1994, rendered in Sessions Case No. 75 of 1991. For this, she has pressed into service two grounds, viz. firstly, that her only son Hassan died on 24-9-1995 due to Leukemia (blood-cancer); and secondly, she as a result of the same is down and confined to bed shocked with grief and under serious illness. In support of these two grounds, the petitioner has also produced two medical certificates issued by Dr. Saifuddin, Medical Officer, Sagwada (Rajasthan).

(2.) On 27-9-1995, when this matter came up for admission, with a view to get verified and assure ourselves about the truthfulness and genuineness of the aforesaid two certificates, we directed the learned A.P.P. Mr. S. T. Mehta to inform us on the next date as to whether the same were truthful and genuine, by making necessary indepth inquiry despatching in right earnest the fax message through the Commissioner of Police, Ahmedabad, contacting the D.S.P., Dungarpur.

(3.) Accordingly, today the learned A.P.P. has placed in our hands the report back fax message bearing No. 02964-31002 received from the D.S.P., Dungarpur addressed to the D.C.P., Control Room, Ahmedabad (Gujarat) vouchsafing that both the certificates issued by Dr. Saifuddin of the Government Hospital, Sagwada are true and genuine.