Learned advocate Ms. Parmar for the applicants does not press the application qua applicant Nos. 1 and 3. Hence the application qua applicant Nos. 1 and 3 stands disposed of as not pressed and rule discharged qua them.
As regards temporary bail for applicant No. 2 Butasinh Bhavsinh, it appears that the appeal was partly allowed by this Court and therefore it was challenged before Hon'ble Supreme Court and the matter was remanded to this Court for fresh hearing. Therefore, the applicant surrendered to the jail on 20.8.2011 and the applicant is in jail since then. The jail report indicates that the conduct of the applicant in the jail was good. Copy of marriage invitation card indicates that marriage of daughter of accused Bhavsinh is fixed on 29.6.2012. Considering the fact that the sister of the applicant is going to marry, presence of the applicant would be necessary to perform certain rites.
In view of above, the application is partly allowed. Applicant No. 2 Butasinh Bhavsinh is ordered to be released on temporary bail for a period of 5 days from the date of his release on executing a personal bond of Rs. 2000/- before the jail authorities. Rule is made absolute to that extent. Direct service is permitted.
(BANKIM N. MEHTA, J) (pkn) Top