Present application is filed by the convict through his mother praying for temporary bail for a period of 45 days so as to attend his father who is suffering from chest pain and hypertension and is advised complete rest and hospitalization for 15 days.
2. Rule.
Mr.Patel, learned Additional Public Prosecutor waives service of notice of Rule. Learned APP makes available for perusal the jail remarks. From the jail remarks, it transpires that convict is undergoing five years imprisonment for the offence punishable under Sections 304 (II) of the IPC. By now, convict has undergone 02 years, 07 months and 10 days. The convict has enjoyed temporary bail on two different occasions and except once, has reported in time. He has enjoyed furlough on one occasion and has reported in time.
2.1 Learned APP submitted that while he was out of jail, he has committed another offence being CR No.I-37 of 2011 registered before the Chowk Bazar being I-37 of 2012 punishable under Sections 452, 323, 504, 427, 114 and 188 of the IPC. Learned APP submitted that temporary bail may not be granted.
3. Taking into consideration the jail record and the nature of offence in the second case, the application deserves to be granted and the same is allowed by imposing some stringent conditions. The applicant is, therefore, ordered to be released on temporary bail for a period of 15 DAYS from the date of his release on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) before the Jail Authorities on certain conditions that he will;
a) not leave the local limits of Surat City.
b) not indulge in any illegal activity.
c) surrender before the Jail Authorities in time.
d) mark his presence before the nearest Police Station on every alternate day during the period of temporary bail;
4. Rule is made absolute. Direct Service today is permitted.
(RAVI R TRIPATHI, J.) sompura Top