(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the convict through jail seeking temporary bail for a period of 2 days with police escort at the cost of the State Government on the sad demise of his father Sultanbhai Pathan who died on 28.5.2012
2. Rule was issued on 2.7.2012 and it was made returnable on 9.7.2012, i.e. today. The Court has observed that "State to verify the genuineness of the ground and antecedent of the convict. Additionally, the State shall also verify as to whether the convict is ready to bear the cost for police escort if ultimately considered by this Court for permitting him to attend the post death ceremony of his father."
3. Learned APP Mr Patel places on record the statement of the convict recorded on 8.7.2012, wherein, he has stated that his family consisting of old mother, wife and 10 years old child. He has two sisters who are married and residing separately. His elder brother is residing separately after his marriage at Ahmedabad. At present there is no male member in his family and there is no earning member, and at present, the financial condition of his family is very weak, and therefore, it will not possible for him to bear the expenses of police escort, and therefore, he has reiterated his request to grant him temporary bail with police escort at the cost of the State Government.
4. Taking into consideration the contents of the application, the same is allowed. The present applicant-convict is ordered to be released on temporary bail for a period of 2 days with police escort at the cost of the State Government from the date of his release on his executing a personal bond of Rs. 5000/- (Rupees five thousand only) to the satisfaction of the Jail authorities.
5. The convict shall surrender himself to the Jail authorities on expiry of the above temporary bail period. The application is allowed. Rule is made absolute.
[RAVI R. TRIPATHI, J.] [PARESH UPADHYAY, J.] mandora/ Top