(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) Rule.
Mr.Pandya, learned APP, waives service of rule on behalf of respondent-State.
By way of this application, the applicant-convict has prayed that he be enlarged on temporary bail to attend the marriage of his cousin brother scheduled on 9th May, 2012.
From jail remarks, we find that the applicant has already undergone more than 4 years sentence by this time and he has enjoyed one furlough and thus the second furlough has already become due, for which, application is already made and which is pending.
Further in our view, the ground is not such where the presence of the applicant-convict can be said to be indispensable.
Considering the totality of the facts, it is ordered to the Competent Authority to decide the application of furlough, which is made by the applicant-convict, in accordance with law. Beyond this, this application is not required to be entertained any further.
Subject to above observations and directions, the application is dismissed. Rule discharged.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top