(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) Rule.
Mr.Pandya, learned APP wavies service of notice of Rule on behalf of the respondent State.
By way of this application, the applicant - convict has prayed that he be enlarged on bail on the ground of engagement of his daughter which is fixed on 20.3.2012.
On earlier occasion, for the same reason, the applicant - convict was enlarged on temporary bail for a period of ten days from 7.1.2012, since at that time, it was indicated that the engagement ceremony of his daughter was fixed on 9.1.2012. This order was recorded in Criminal Misc. Application No.18011 of 2011 on 6.1.2012. The present applicant - convict, however, in the present application, has stated that pursuant to the said order, he was enlarged on bail on 10.1.2012 and, therefore, the engagement, which was fixed on 9.1.2012 could not take place. Apart from the fact that he enjoyed bail for a period of ten days, we are not going into the merits of the same.
Today, the applicant - convict, through his wife, who is present in the Court, has stated that the engagement of his daughter is now fixed on 20.3.2012.
From the jail report, it appears that whenever the applicant - convict was enlarged on temporary bail, he surrendered before the jail authority in time.
Considering the totality of the facts, it is ordered that the applicant - convict shall be enlarged on bail from 19.3.2012 to 21.3.2012 on condition of furnishing a personal bond of Rs.5,000/- with one surety of like amount with the further direction that on completion of the bail period granted by this Court, he shall surrender before the concerned jail authority on 22.3.2012. It is directed that if the applicant - convict complies with the conditions of bail, etc., he shall be enlarged on bail on 19.3.2012.
The application is allowed to the aforesaid extent. Rule made absolute accordingly. Direct service today is permitted.
(Jayant Patel, J.) (Paresh Upadhyay, J.) vinod Top