(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) RULE.
Mr. L.B. Dabhi, learned APP waives service of rule on behalf of the respondents.
1. This application is filed by the applicant- party-in-person for grant of temporary bail to her husband namely Anak Chapraj Udak, who is undergoing sentence for life at Central Jail, Surat. Present application is preferred on the ground that the house of her husband which is located at Village : Hadmatiya, District : Junagadh, is in dilapidated condition and needs repair. The applicant-party-in-person submits that, since, she-herself wants to reside in the said house, she needs the assistance of her husband for getting the same repaired.
2. In response to the notice issued by this Court, learned APP, Mr. L.B. Dabhi, has appeared and submitted a report, according to which nobody is residing in the house, which is sought to be repaired by the applicant-party-in-person. However, he does not dispute the averments made in this application regarding factum of house.
3. In view of the fact that the applicant-party-in-person has got married to the convict just three months back and as she-herself wants to reside in the said house, we pass the following order:
(i) This application is PARTLY ALLOWED.
(ii) The convict is ordered to be released for a period of EIGHTEEN DAYS I.e. from 20TH JULY, 2012 to 6TH AUGUST, 2012 on temporary bail, on his furnishing personal bond in the sum of Rs.5,000/-(RUPEES FIVE THOUSAND, before the concerned Jail Authority and on usual conditions.
(iii) He will surrender before the concerned jail authority on 6TH AUGUST, 2012 between 9:00 a.m. to 12:00 a.m., failing which it shall be open to the competent Authority to take necessary action against the convict.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(P.B.MAJMUDAR, J.) (MOHINDER PAL, J.) Umesh/ Top