Rule. Mr. K.C. Shah, learned Addl.P.P. waives service of Rule on behalf of respondent State. By consent of Mr. Shah, rule is fixed forthwith. 2.The applicant convict had moved this court praying for regular bail till the out come of the appeal filed by him, which is pending before this court. The applicant has highlighted about the ailment, which he is suffering in jail as well as the treatment that has been provided to him by the jail authority. The applicant had also annexed the medical certificate issued by Dr. R.M. Vaishnav, Medical Officer attached to Sabarmati Central Jail dated 8.12.2004, which confirmed the say of the applicant about his ailment. The applicant had also annexed the order passed earlier by the Division Bench dated 12.8.2004 by which, the Division Bench had while disposing of Criminal Misc. Application No. 6767 of 2004 released the applicant convict on temporary bail for a period of 2 weeks on medical grounds and the registry was directed to inform the trial Court for sending paper book at the earliest and the Criminal Appeal was ordered to be notified for final hearing. It is the case of the applicant that as the order was already passed by the Division Bench expediting the appeal, his appeal be fixed for earlier hearing and also prayed that till the appeal is disposed of finally, he may be released on bail.
3.The jail statement furnished by jail authority shows that the convict was convicted by the learned Additional Sessions Judge, City Sessions Court, Ahmedabad on 31.8.1999 for the offences punishable under Sections 498 (A) and 306 of the IPC and ordered to suffer RI for 13 years and fine of Rs.15,000=00. He is in jail for more than 6 years including the set off earned by him. His jail conduct is good. The convict was released on temporary bail on different counts for about 104 days and he has also enjoyed furlough twice and all the times, the applicant had surrendered to the jail authority in time.
4.In our view, the applicant has made out a case for releasing him on temporary bail on his own medical ground. It also transpires that earlier the applicant was released on temporary bail as well as on furlough leave and he had surrendered to the jail authority in time, accordingly, the applicant is ordered to be released on temporary bail for a period of 4 weeks from the date of his release on executing a personal bond of Rs.5000=00(Rs.Five Thousand only) with the jail authority on condition that the applicant shall not leave the jurisdiction of Ahmedabad City, Ahmedabad Rural and Gandhinagar district during the period of temporary bail except for his ailment as, as found from the application, which was submitted by the prisoner through jail on 23rd June, 2004 being Criminal Misc. Application No. 6767 of 2004, the applicant had shown his place of release at Sabarmati, Motera Road, Nr. Tapovan Ramji Temple, Behind ONGC, Motera, Ahmedabad and he shall mark his presence once in a week i.e. on every Saturday between 11-00 AM to 5-00 PM at Sabarmati Police Station. The applicant shall surrender to the jail authority in time. Rule is made absolute in above terms.
5.It is brought to our notice that R&P with paper book has already reached to this court long back, in spite of this, the Registry has not carried out the direction issued earlier by the Division Bench while disposing of Criminal Misc. Application No. 6767 of 2004. Registry will be more careful in future in carrying out the direction. Accordingly, the registry is directed to notify the appeal immediately on the final hearing board by putting the same at appropriate number.
(D.K. Trivedi, J.) (Anant S. Dave, J.) pallav