Rule. Mr. K.C. Shah, learned Addl.P.P. waives service of Rule on behalf of respondent State. By his consent, Rule is fixed forthwith. 2.The applicant convict had moved this court praying for temporary bail for a period of 90 days on his own medical ground. The applicant has also annexed the medical certificate issued by the Medical Officer, Ahmedabad Central Prison dated 6.12.2004, which confirm that the applicant is suffering from some mental disease for which he was treated by the Medical Officer and provided treatment. The applicant is convicted by the learned Additional Sessions Judge, Rajkot 29.10.1999 for the offences punishable under Sections 376 (F), 363, 366, 323 of the IPC and ordered to suffer RI for 10 years and fine of Rs.10,000=00. He is in jail for more than 7 years including the set off earned by him. The applicant has also enjoyed furlough twice between 27.4.2004 to 10.5.2004 and 12.5.2004 to 25.5.2004 and all the times, the applicant had surrendered to the jail authority in time. It is the case of the applicant that he is suffering from mental disease and he has been treated by the jail authority in jail dispensary and inspite of that, there is no change in his condition and accordingly, he intends to take treatment in presence of his family members. It is the case of the applicant that he was referred to by the jail authority at Jamnagar Hospital as well as in Civil Hospital at Ahmedabad thrice. He has requested that if he is released on temporary bail, he will abide all the conditions that has been put on him and he will surrender to the jail authority in time.
3.On inquiry with the office, though the appeal filed the applicant is of 1999, office has not received the R&P with paper book and accordingly, there is no possibility of early hearing of the appeal filed by him. Accordingly, the Registry is directed to send the reminder to the trial Court for getting R&P with paper book immediately and the Registry is also directed that immediately on getting paper book with R&P, appeal be notified for final hearing.
4.In our view, the applicant deserves to be released on temporary bail on medical ground which is also confirmed from the medical certificate issued by the Medical Officer attached to the jail authority. Accordingly, the applicant is ordered to be released on temporary bail for a period of 60 days from the date of his release on executing a personal bond of Rs.5000=00 (Rs.Five Thousand only) with the jail authority. The applicant shall not leave the jurisdiction of Rajkot City and Rajkot Rural during the period of temporary bail except for his ailment and he shall mark his presence once in a week i.e. on every Saturday between 11-00 AM to 5-00 PM before the "B" Division Police Station, Rajkot. The applicant shall surrender to the jail authority in time. The applicant is also directed that at the time of surrendering to the jail authority, he shall hand over all the medical case papers for which he has taken treatment during the period of temporary bail to the jail authority and jail authority is accordingly directed to keep that medical case papers alongwith the case papers of the applicant. It is open for the applicant to take treatment even at Ahmedabad, where he has taken treatment in past, after informing the "B" Division Police Station, Rajkot. Application is accordingly disposed of. Rule is made absolute in above terms.
(D.K. Trivedi, J.) (Anant S. Dave, J.) pallav