(Per : HONOURABLE MR.JUSTICE N.V. ANJARIA) Rule.
Learned A.P.P. waives service.
The applicant, who is undergoing sentence, has by way of present application, prayed for temporary bail on the ground of medical treatment of his son.
The applicant has stated in his letter requesting for temporary release that his son aged eight years has been suffering from epilepsy, gets fainted very often and has lost his weight considerably and is bedridden. The applicant has produced certificate of Chief District Medical Officer and Civil Surgeon, Jamnabai General Hospital, Vadodara also showing that his son is handicapped with 100% disability. The applicant has urged that he wants to take care of his son, he being the only responsible person who can attend to his son and arrange for money for the treatment.
We have considered the jail record of the applicant, which shows that he has spent more than six years in the jail by now. There is nothing adverse in his jail record. It is also noticed that his past record is regular and he has reported back in time whenever he was released temporarily.
In the facts and circumstances and considering the ground advanced, we permit the applicant to be on temporary bail for a period of thirty days from the date of his actual release and order his release for the said period, but his release shall be on the following conditions:
The applicant shall furnish personal bond for the sum of Rs.5,000/- (Rupees Five Thousand only) before the jail authorities.
The applicant shall surrender himself before the jail authority immediately on expiry of temporary bail period.
The applicant shall not abuse the liberty in any manner and shall maintain law and order during this period.
Rule is made absolute accordingly.
(D.H.
WAGHELA, J.) (N.V.
ANJARIA, J.) [sn devu] pps Top