(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 for modification of the condition recorded in the order dated 15.2.2012 passed in Criminal Misc. Application No.1045 of 2012, by which the applicant - convict was ordered to be enlarged on temporary bail for a period of two weeks from the date of his actual release on condition of furnishing a personal bond of Rs.5,000/- with one surety of like amount.
By the present application, he has prayed that he is not in a position to submit the surety of Rs.5,000/- and, therefore, he has not been able to enjoy the temporary bail, in spite of the fact that this Court had already ordered for the same.
Considering the poor condition the applicant - convict coupled with the fact that whenever the applicant - convict was enlarged on temporary bail, he surrendered before the jail authority in time, we are inclined to relax the condition of bail to the extent that the applicant - convict shall not be required to furnish one surety of Rs.5,000/- and he shall be enlarged on bail on executing a personal bond of Rs.5,000/-. However, since he is being enlarged on his personal bond, it is directed that he shall mark his presence before the concerned police authority on every third day during his bail period.
The order dated 15.2.2012 shall stand modified to the aforesaid extent. The application is allowed to the aforesaid extent. Rule made absolute accordingly.
(Jayant Patel, J.) (Paresh Upadhyay, J.) vinod Top