(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present application has been preferred by the applicant-convict for temporary bail on the ground that he wants to attend marriage ceremony of his daughter.
Pursuant to the earlier order passed by this Court, Mr.Panchal, learned Special Public Prosecutor appears and tenders the report of the Superintendent of Police and, as per the said report, the ground is genuine. However, in the report, it has been stated that two other co-accused, who were earlier released on temporary bail by this Court, have not surrendered and they are reported absconding and the criminal complaint is also filed.
In view of the aforesaid circumstances that two other co-accused, who were earlier released on temporary bail by this Court and have not surrendered in time and are reported absconding, the applicant-convict cannot be released on temporary bail by furnishing surety or on personal bond.
At that stage, learned counsel appearing for the applicant submitted that the applicant is ready to pay the expenses of Police Escort, if this Court is inclined to permit the applicant to attend engagement ceremony of his daughter.
We find that if the applicant-convict, under the Police Escort, is permitted to attend the marriage ceremony of his daughter, that too, at the cost of the applicant, the same would ensure safe custody of the applicant and after completion of the said period of marriage ceremony, the applicant can be again lodged with the jail authority.
In view of the aforesaid, following order:-
6.1. The applicant-convict, under the Police Escort of one armed A.S.I. and two armed constables, shall be permitted to attend the ceremony from 29.01.2012 to 30.01.2012 in the marriage of his daughter, after the requisite amount is paid/deposited by the applicant with the jail authority in advance prior to the actual release from the jail under the Police Escort. It is further directed that it shall be the duty of the concerned police officer escorting the applicant that the applicant is lodged with the jail authority upon expiry of the said period i.e. on 31.01.2012.
The application stands disposed of accordingly. Rule is made absolute.
(Jayant Patel, J.) (Paresh Upadhyay, J.) vinod Top