1. Present application is filed by mother of the convict seeking temporary bail of the convict for a period of 60 days, as the mother of the convict is to undergo an operation as mentioned in the medical certificate issued by Amidip Surgical Hospital (Dr.Kirit H Asodiya) MS (General Surgery).
2. Rule.
Mr.Patel , learned Additional Public Prosecutor waives service of notice of Rule. Learned APP makes available jail remarks for perusal which shows that convict was on temporary bail from 12/04/2012 to 21/04/2012 for the same purpose-treatment of the mother. The party-in-person states before the Court that at that relevant time, she was to be operated, but on account of uncontrolable blood pressure, the operation could not be performed and the treatment was continued for the blood pressure and now the operation is scheduled to be performed on 17/05/2012 (there is overwriting from 17/04 to 17/05) which seems to be a bona-fide mistake as the date of issuance of certificate is 13/05/2012. There is nothing adverse in the jail remarks.
3. For the contents of the application, the same is allowed. The applicant is, therefore, ordered to be released on temporary bail for a period of 30 DAYS from the date of his release on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only) before the Jail Authorities on certain conditions that he will;
a) not leave the State of Gujarat.
b) not indulge in any illegal activity.
c) surrender before the Jail Authorities in time.
4. Rule is made absolute.
(RAVI R TRIPATHI, J.) sompura Top