(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY)
1. By way of this application, the applicant-convict has prayed that he be enlarged on temporary bail for the purpose of repairing his house.
2. Pursuant to the earlier order passed by this court, Learned APP Mr. Pandya, based on the report submitted by the Poshina Police Station, Dist. Sabarkantha, has submitted that the ground mentioned in the application is genuine. However, learned APP has submitted that the co-convict Lashamabhai Ashabhai, who was on furlough in the year 2008, has absconded and till date, he has not been brought back to the jail. From the jail remarks, we find that on earlier occasions, the applicant-convict has been enlarged twice on furlough and once on temporary bail, and on each occasion he has surrendered in time. It is further required to be noted that much after the abscondence of co-convict, in the year 2011 also the present applicant-convict has been enlarged on temporary bail and he has surrendered in time.
3. Considering the totality of facts, the applicant-convict is directed to be enlarged on temporary bail for a period of two weeks from the date of his actual release on personal bonds of Rs. 5000/- with one surety of like amount with further condition that the applicant-convict shall surrender before the jail authority on expiry of the period granted by this Court.
4. The application is allowed to the aforesaid extent. Rule is made absolute.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) mandora/ Top