(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) Rule.
Mr.Pandya, learned APP waives service of notice of Rule for the respondent State.
By way this application, the applicant - convict has prayed that he be enlarged on temporary bail to attend the post-death rituals of his uncle, who has died on 25.4.2012.
From the jail remarks, which is produced by Mr.Pandya, learned APP, we find that on earlier occasions whenever the applicant - convict was enlarged on temporary bail or was on furlough, he has surrendered in time. Further, it also transpires that the applicant
- convict was on temporary bail during January - February, 2012 itself.
Pursuant to the earlier instructions given by this Court, Mr.Pandya, learned APP, based on the jail remarks, has submitted that the cause mentioned in the application is genuine.
Considering the totality of the facts, it is ordered that applicant - convict shall be enlarged on temporary bail for 3 (three) days from the date of his actual release on personal bond of Rs.5,000/-, with one surety of like amount, with the further direction that the applicant - convict shall surrender before the concerned jail authority on expiry of the bail period granted by this Court.
The application is allowed to the aforesaid extent. Rule made absolute accordingly. Direct service is permitted.
(Jayant Patel, J.) (Paresh Upadhyay, J.) vinod Top