(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 attending marriage of his niece. The applicant has stated in his request letter that marriage of the daughter of his brother is fixed on 16.02.2012, and on that occasion his presence is required and he would thereby discharge social responsibility. Copy of marriage invitation card is produced.
From the jail record of the applicant it is seen that he has been in jail for more than eight years by now. It is also noticed that during his jail stay he was released thrice on temporary bail and twice on furlough leave and on all such occasions he has reported back in time. There is nothing adverse in respect of his conduct in jail also.
In the facts and circumstances and considering the ground advanced, we permit the applicant to be on temporary bail for a period of fifteen 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