(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Rule.
Learned APP waives service.
2. The petitioner has sought temporary bail for 30 days for arranging the engagement and marriage of his son, even as no other male elder is stated to be in a position to help the family. According to the jail record, he has undergone more than 7 ½ years of imprisonment and had absconded for 4365 days when he was first released on temporary bail in the year 1998. However, thereafter he was ordered to be released on parole by order dated 26.07.2011, in Special Criminal Application No.1639 of 2011 on account of the fact that his daughter had passed away in April, 2011. At that time, he has returned to jail in time and he has already suffered the punishment of loss of five furlough leaves pursuant to his absconding for nearly 13 years.
3. In the above facts, the petitioner may be released on temporary bail only on furnishing sufficient security and surety, as was done when he was ordered to be released by the aforesaid order dated 26.07.2011.
4. Accordingly, the petition is allowed and the petitioner is ordered to be released on temporary bail for period of 30 days upon his executing his personal bond in the sum of Rs.10,000/- and furnishing solvent surety of the like amount with usual conditions. By way of additional condition, it is directed that he shall mark his presence once in a week in the nearest police station in Porbandar.
5. Rule is made absolutely accordingly.
[D.
H. WAGHELA, J.] [N.
V. ANJARIA, J.] Amit Top