(PER : HONOURABLE MR.JUSTICE M.R. SHAH) RULE.
Shri Jayant Panchal, learned Special Public Prosecutor waives service of notice of rule on behalf of the respondent.
In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present application is taken up for final hearing today.
The present application has been preferred by the applicant-convict to release him on temporary bail for a period of three days with Police Escort to attend the marriage ceremony of his daughter, which is scheduled on 01/04/2013.
Shri Jayant Panchal, learned Special Public Prosecutor has tendered the report of the Superintendent of Police, SIT Gandhinagar and as per the said report, the ground is genuine. However, in the report, it has been stated that two other co-accused, who were also released on temporary bail by this Court did not surrender and were absconding and were arrested.
Shri Dipak Sindhi, learned advocate appearing on behalf of the applicant has stated that as such by order dated 09/01/2012 passed in Criminal Miscellaneous Application No. 17777/2011, the applicant was ordered to be released on temporary bail for a period of three days, however, the applicant could not avail of the benefit of the said order. He has stated that the applicant is ready to pay the expenses of the Police Escort. However, this Court is inclined to permit the applicant to attend the marriage ceremony of his daughter, which is scheduled on 01/04/2013.
Considering the aforesaid facts and circumstances of the case and the earlier order passed by the Division Bench dated 09/01/2012 in Criminal Miscellaneous Application No. 17777/2011, if the applicant-convict, under the Police Escort, is permitted to attend the marriage ceremony of his daughter, that too at the cost of the applicant, the same would ensure safe custody of the applicant and after completion of the said period of marriage ceremony, the applicant can be again lodged with the jail authority.
In view of the above, the following order;
The applicant-convict, under the Police Escort of one armed A.S.I. and two armed Constables, shall be permitted to attend the ceremonies/marriage ceremony from 31/03/2013 to 01/04/2013, after the requisite amount is paid/deposited by the applicant with the jail authority in advance prior to the actual release from the jail under the Police Escort. It is further directed that it shall be the duty of the concerned police officer escorting the applicant that the applicant is lodged with the jail authority upon expiry of the said period i.e. 02/04/2013 before 11:00 a.m., without fail.
With this, the present application is allowed. Rule is made absolute accordingly.
Direct service is permitted today.
(M.R.SHAH, J.) (S.H.VORA, J.) siji Page 3 of 3