(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) By way of this application, the applicant convict, through his wife, has prayed that he be enlarged on temporary bail so as to make an arrangement for the family accommodation etc. Today, party in person Premilaben Baburam is present before this Court and also Mr. Gangaram Panchal, who is claiming to be brother of the convict is also present before the Court.
Considering totality of the facts we are inclined to exercise our discretion to release the convict on temporary bail. Under the circumstances, following order is passed:
(i).
The convict shall be enlarged on temporary bail for a period of (15) fifteen days from the date of his actual release on personal bond of Rs. 5,000/- (Rupees Five Thousand only).
(ii).
The brother of the convict Baburam Sharma, who is present before this Court stated that he shall be a surety and he is a pensioner who has retired from Army. He shall furnish a surety of Rs. 25,000/- (Rupees Twenty Five Thousand) to the satisfaction of the Jail Authority. The said surety shall also deposit documents with regard to his identification as well as Pension Book. The said documents shall be returned to the surety after the applicant surrender to the Jail Authority.
(iii).
The applicant shall surrender before the concerned jail authority on expiry of the period granted by this Court.
The application is allowed to the above extent. Rule made absolute. Direct service is permitted today.
(JAYANT PATEL, J) (PARESH UPADHYAY, J) *asma Top