1. Rule.
Mr. M.G.Nanavati, learned APP waives service of Rule on behalf of the Respondent-State.
2. The instant application is filed by the applicant accused for temporary bail for the period of 30 days under Section 439 of Code of Criminal Procedure in connection with Bechraji Police Station CR No. I - 15/2011 regarding offences punishable under sections 302 etc. of the Indian Penal Code.
3. Mr.
K.V.Mishra, learned counsel for the applicant, submitted that wife of the applicant is sick and suffering from gynecologic problem and her operation is scheduled on 19.06.2012.
4. Mr.
M.G.Nanavati, learned APP for the respondent-State, opposes the application.
5. Having considered the submissions advanced on behalf of both the sides, so also considering the medical certificate annexed with this application and further the fact that in past the applicant was released on temporary bail by this Court in this case from 21.10.2011 to 23.10.2011 and he reported in time, this Court is of the opinion that this a fit case to release the applicant on temporary bail for 10 days.
6. The application is partly allowed and the applicant herein is ordered to be released on temporary bail for the period of 10 days from the date of his actual release on his furnishing personal bond of Rs. 10,000/- (Rupees Ten Thousand) with one surely of like amount to the satisfaction of the concerned jail authority on the condition that during the period of temporary bail he shall maintain law and order and shall not misuse his liberty. Upon completion of the period of temporary bail, he shall immediately surrender to the concerned jail.
7. Rule is made aboslute to the aforesaid extentD.S. is permitted.
(J.C.Upadhyaya, J.) cmj/ Top