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The Court was not inclined to grant the accused regular bail owing to the seriousness of the allegations but was equally mindful of the humanitarian dimensions of criminal jurisprudence.
The counsels for the Narayan Sai urged that the final hearing of the appeal may take considerable time and therefore, at this stage, Narayan Sai may be enlarged on temporary bail for a period of 15 days to meet his ailing father.
“It cannot be said that an 86 years-old ailing person, who is desperate to get himself treated, can confine his treatment to a particular therapy or a particular system of medicines.”
The Bombay High Court noted that the applicant was in jail for the last nine years and during trial he was on bail for some period, and he did not misuse the liberty granted to him.
Gujarat High Court: The Bench of V.P. Patel, J., allowed the application filed for temporary bail under Section 439 of the Code