(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) By way of this application, the applicant-convict, who is undergoing sentence of 10 years for offence punishable under NDPS Act, has prayed to enlarge him on temporary bail to attend the marriage of his cousin brother which is scheduled on 6th May, 2012.
Considering the earlier order passed by this Court, learned APP, Mr.Pandya, based on the report of Superintendent of Police, Bhuj has opposed the application, apprehending the law and order situation.
From jail remarks, we find that the applicant was not enlarged on temporary bail even once, and he is not entitled to furlough and he will be coming out from the jail for the first time.
Under these circumstances, we were not inclined to exercise the discretion to enlarge the applicant on temporary bail, however, learned advocate for the applicant submits that applicant would be ready to go even under the police escort at his cost, if the Court is inclined to exercise the discretion to permit him to attend the function of marriage of his cousin brother.
Under these circumstances, it is ordered that the applicant-convict shall be permitted to attend the marriage of his cousin brother scheduled on 6th May, 2012. For this purpose, the applicant-convict shall be permitted to go out on 5th May, 2012 and shall surrender on 8th May, 2012. It is clarified that this order shall be effected only after the applicant deposits the amount as may be ordered by the jail authorities for police escort.
It is clarified that it shall be the duty of escorting officer to see to it that custody of the applicant is maintained with them properly and the applicant is lodged with the jail authority on 8th May, 2012 as ordered above.
Application is allowed to the above extent. Rule made absolute. Direct service today is permitted.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top