(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The present application has been preferred by the applicant-convict for temporary bail on the ground that he wants to repair of his house and undertake the treatment of his father.
2. It appears from the jail report that though furlough was granted, the convict has not enjoyed the same. Upon inquiry from the learned APP, he has stated that as per the jail report, since the father of the applicant-convict was not ready for the security, furlough was not granted.
3. Under these circumstances, we find that when furlough had already become due, it would be for the applicant-convict to get appropriate security, as required, if he is desirous to enjoy furlough. When the furlough had already become due, it would not be a case for exercising the power of grant of temporary bail.
4. Under these circumstances, the present application is disposed of with the direction that it would be open to the applicant-convict to move before the competent authority for his release on furlough, which has already become due, and at that time, it will be open for the applicant-convict to furnish the security of any independent person. If the conditions are complied with, the applicant-convict shall be released on furlough.
5. No further orders deserve to be passed in this application. Hence, the application stands disposed of accordingly.
[JAYANT PATEL,J.] [PARESH UPADHYAY,J.] pawan Top