(Per : HONOURABLE MR.JUSTICE A.L.DAVE) Rule.
Mr.K.T.Dave, learned A.P.P., waives service of notice of rule on behalf of the respondents. Having regard to the facts of the case, the application is heard today.
2. The applicant seeks temporary bail on the ground that he has received two cheques, which are required to be deposited with the Bank. According to him, he has nobody in the family, who can undertake this work. The applicant also seeks temporary bail for repairs of his house. In support of his application, the applicant has produced xerox copies of the cheques and certificate from Structural Designer Mr.A.Y.Chhipa.
3. We notice that the applicant came to be convicted on 23.5.2003 and during this time, he has not enjoyed any furlough. He enjoyed temporary bail during April/May, 2008 for the purpose of realisation of his provident-fund money etc. This supports his version that he has none in the family to look after his affairs.
4. So far as house repairing is concerned, the suggested house repairs are of minor character, which have developed because of non-use of the house for a long time. In view of the fact that there is nobody in the family of the applicant, even if repairs are done, the house is going to remain unused.
5. Looking to the overall fact-situation, we are of the view that the application deserves to be entertained in part by admitting him to temporary bail for two weeks which can be utilized by him for the purpose of depositing the cheques and undertaking essential repairs of his house.
6. The Superintendent, Central Jail, Ahmedabad is directed to release the applicant on temporary bail for a period of two weeks from the date of release on his executing a personal bond in the sum of Rs.5000/- (Rupees Five Thousand only) before the jail authority.
Rule is made absolute to the aforesaid extent only.
[A.L.DAVE,J.] [J.C.UPADHYAYA,J.] (patel) Top