(Per : HON'BLE MR.JUSTICE J.M.PANCHAL) Rule. Mr. Sudhanshu Patel, learned APP waives service of notice on behalf of the respondents. Having regard to the facts of the case, the application is heard today.
2.By submitting this application through Superintendent, District Jail, Nadiad, the prisoner i.e. Ajitbhai Sardarbhai, undergoing sentence of life imprisonment, has prayed to enlarge him on temporary bail for a period of 60 days to enable him to repair his damaged house.
3.Heard the learned counsel of the respondents. In support of averments made in the application, the prisoner has produced certificate dated November 30, 2004 issued by Mr. N.F. Thakor who is M.L.A. from Mahuda Constituency wherein it is mentioned that it is necessary for the prisoner to construct a house for residence of his wife and mother. However, it is relevant to notice that Sardarbhai Lilabhai Parmar, who is father of the prisoner and a co-convict, had filed Criminal Miscellaneous Application No.6498 of 2002 for temporary bail to enable him to make arrangement for residence of his wife (mother of the convict) and wife of his son (wife of the convict). That application was allowed by the court vide order dated October 4, 2002. In support of the averments made in the said application also, the father of the convict had produced certificate dated March 5, 2002 issued by Mr. Natwarsinh Fulsinh Thakor who is M.L.A. from Mahuda Constituency. The prisoner has not indicated in instant application as to which steps were taken by his father for residence of his mother and wife when he was released on temporary bail. There is no manner of doubt that Mr. N.F. Thakor who is M.L.A. from Mahuda Constituency is in the habit of issuing certificates for mere asking to enable the prisoners to get relief of temporary bail. No relief of temporary bail can be granted on the basis of such bogus certificate. The jail-remark sheet of the prisoner further shows that he was granted temporary bail for 21 days and furlough leave for 28 days. In the application, he has not specified as to which steps he himself had taken for the purpose of making arrangement regarding residence of his mother and wife when he was granted temporary bail by the High Court and furlough leave by the jail authorities. The application lacks bonafide and is, therefore, liable to be dismissed.
4.For the foregoing reasons, the application fails and is rejected. Rule is discharged.
( J.M. Panchal, J. ) ( M.C. Patel, J. ) hki