(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) By way of this application, the applicant-convict has prayed that he be enlarged on temporary bail on the ground of marriage of cousin sister scheduled on 13th May, 2012.
Since applicant of Criminal Misc. Application No.6082 of 2012 was permitted to attend the cause mentioned in that application vide order dated 4th May, 2012 under police escort, and as per the said order, the date to surrender back to the jail was 8th May, 2012, we had asked learned APP, Mr.Pandya, to inquire as to whether that convict has surrendered or not, to that jail report is placed on record where from it is found that due to non deposit of money, the order dated 4th May, 2012 recorded in Criminal Misc. Application No.6082 of 2012 is not given effect to, by the jail authority.
Under the circumstances, the present applicant is permitted to attend the marriage of his cousin sister under police escort of one armed ASI and two armed police constables at the cost of the applicant-convict. For this purpose, the applicant-convict shall be permitted to go out of jail for 5 days and on the 6th day, from the date of his actual release, he shall be brought back to jail.
It shall be the duty of the escorting party to see to it that the custody of the applicant-convict is maintained properly and the applicant is lodged with the jail authority on 6th day, from the date of his actual release, as ordered above. It is clarified that this order shall be effected only after the applicant deposits the amount as may be ordered by the jail authority for police escort.
It is further observed that until the present applicant is out of jail, the order dated 4th May, 2012 recorded in Criminal Misc. Application No.6082 of 2012 shall not be given effect to, even if the said applicant deposits the money with the jail authority.
Application is allowed to the aforesaid extent. Direct service today is permitted.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top