(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Rule.
Ms.Shah, learned APP waives notice of Rule.
The present application has been preferred by the applicant-convict for condoning delay of one day in surrendering as per the order passed by this Court for temporary bail in Criminal Misc. Application No.16580/11 This Court had earlier directed the jail authority to convey the applicant to produce the medical certificate of the Doctor concerned. However, it appears that thereafter, the jail authority had recorded the statement of the convict and as per the said statement, he has conveyed to his mother, but she could not produce because, his father is bedridden and he has also stated that he has conveyed to his wife through his mother and the medical certificate shall be produced as and when received.
Under the circumstances, we find that the delay for surrendering can be condoned, but on the condition that the applicant shall submit the requisite medical certificate within three months from today. If the certificate is not produced, the jail authority shall report to this Court. Order accordingly.
Application allowed to the aforesaid extent. Rule made absolute accordingly.
The jail authority shall convey this order to the convict.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) *bjoy Top