Rule. Mr. B.D.Desai, learned APP appears and waives service of notice of rule on behalf of the respondent State.
2.By filing this petition through his wife Diptiben Rakesh Rajput, petitioner - Rakesh Bansilal Rajput, an under-trial prisoner against whom C.R.No. I-546 of 2000 is registered with Vatva police station for the commission of the alleged offences punishable under Section 302 of the IPC, has sought for temporary bail on the grounds stated in the petition.
3.The petitioner has stated that his wife is suffering from ailment of ear and there is a hole in the eardrum and pus is regularly forming in that part, therefore, her ear is required to be operated. It is, therefore, prayed that the petitioner may be enlarged on temporary bail for a period of 30 days for arranging necessary funds and to attend his wife during the surgery.
4.Having heard Diptiben Rakesh Rajput, wife of the petitioner and Mr. B.D.Desai, learned APP for the respondent State and on having perusal of the averments made in the petition as well as the certificate annexed with the petition, I am of the opinion that if the petitioner is enlarged on temporary bail for a period of two weeks, the ends of justice would be met.
5.For the foregoing reasons, the petition succeeds in part and is accordingly partly allowed. The petitioner Rakesh Bansilal Rajput is ordered to be released on temporary bail for a period of two weeks from July 28, 2001 to August 10, 2001 on his depositing an amount of Rs. 2000/- (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 period of two weeks for which temporary bail is granted to him. During the period of temporary bail the petitioner shall not tamper with the prosecution evidence in any manner. He shall not try to meet the complainant or prosecution witnesses and shall maintain law and order throughout the above period. Moreover, he shall not leave the local limits of Gujarat. Petitioner shall surrender before the jail authority latest by 5:00 PM on August 10, 2001.
6.Rule is made absolute to the aforesaid extent. Direct service is permitted.
(A.M.Kapadia, J) Jayanti*