(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) By way of this application, the applicant-convict has prayed that he be enlarged on temporary bail since he has to make arrangement to pull down his house pursuant to the notice issued by the local authorities and make alternative arrangement for the family.
Pursuant to the earlier order passed by this Court, learned Special Public Prosecutor, Mr.Panchal, has submitted, after taking statement from convict as well as his relatives, that the convict is not desirous to bear the expenses to go under police escort. However, learned counsel for the applicant states that applicant and his family members have reconsidered and are now ready to bear the expenses of police escort, if the Court is inclined to exercise the discretion.
Since co-convicts, when enlarged on temporary bail and/or on furlough leave, had absconded, it was thought necessary and in the interest of justice that the applicant be enlarged on temporary bail only under police escort.
Learned Special Public Prosecutor has also, after verification, submitted that the ground mentioned in the application is genuine.
Considering the totality of the facts, it is ordered that the applicant-convict shall be permitted to attend the cause mentioned in the application, for a period of 5 days from the date of his actual release, under police escort of one armed ASI and two Police Constables, at his cost. The amount of cost shall be deposited by the applicant with the jail authority in advance, prior to the actual release from the jail. It is further directed that it shall be the duty of the concerned police officer escorting the applicant to see that the applicant is lodged with the jail authority on expiry of the period granted by this Court and also to see that his custody is properly maintained by the escorting team, in these five days.
Application is allowed to the aforesaid extent. Rule made absolute. Direct service is permitted.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top