1.Rule. Mr. A.J. Desai, learned A.P.P. appears and waives the service of notice of rule on behalf of respondent No.1 - State.
2.Petitioner, who has been arrested on 3.10.1999 pursuant to the C.R.No. I-175/99 registered with Aslali Police Station for the offences punishable under Sections 302, 323, etc., of the Indian Penal Code, by way of this petition, has prayed to enlarge him on temporary bail for a period of three weeks to enable him to give required treatment to his minor son who is suffering from appendicitis.
3.I have heard Mr. Hakim, learned advocate for the petitioner and Mr. Desai, learned APP for the respondent State. I have also gone through the averments made in the petition and also perused the medical certificate produced on record.
4.Having regard to the facts and circumstances of the case, I am of the opinion that if temporary bail for a period of two weeks is granted to the petitioner, the purpose for which the temporary bail is sought for by him can be served. Therefore, it is ordered that the petitioner shall be released on temporary bail for a period of two weeks from July 28, 2001 upto August 10, 2001 on his depositing an amount of Rs.2,000/- (Rupees two thousand only) in cash with the jail authority, which shall be refunded to him on his surrendering before the jail authority on expiry of the temporary bail period. During the period of temporary bail the petitioner shall not tamper with the prosecution evidence in any manner and shall not try to meet that complainant or prosecution witnesses. He shall also maintain law and order throughout the period of temporary bail and shall not leave the local limits of Gujarat. The petitioner shall surrender before the jail authority on August 10, 2001 latest by 5 P.M. without fail and during the period of temporary bail he shall see to it that the purpose for which the temporary bail is granted is served.
5.Rule is made absolute to the aforesaid extent. Direct service is permitted.
27.7.2001.(A.M. Kapadia, J.)
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