1. Rule was issued yesterday and made it returnable today. Learned APP Mr. Patel makes available the jail remarks and also communication from Gomtipur Police Station, Ahmedabad City, wherein, it is mentioned that wife of Istiyak viz., Naimbanu has gone out and her house is locked and the person, who has made inquiry, did not know where has she gone and when the engagement of the daughter of Istiyak is scheduled. He told that he does not have any information.
1.2 The fact that the Naimbanu, along with his daughter, was present before this Court yesterday. The aforesaid report seems to be quite natural.
2. From the jail remarks, it is noticed that he is convicted for 8 years for an offence under Sections 489(B) and 489(C) of the Indian Penal Code. He has undergone by now 3 years, 7 months and 25 days. He has enjoyed temporary bail for four times, one time furlough leave and one time parole leave and every time, he has reported in time before the Jail Authority.
3. Taking into consideration the jail remarks, there is nothing adverse recorded. Hence, application is allowed. The applicant is, therefore, ordered to be released on temporary bail for a period of 07 (SEVEN) DAYS from the date of his release on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only) before the Jail Authorities on certain conditions that he will;
a) not leave the State of Gujarat.
b) not indulge in any illegal activity.
c) surrender before the Jail Authorities in time.
4. Rule is made absolute.
5. Registry is directed to communicate this order by fax so as to see that the convict be released hopefully by the end of the day.
(Ravi R. Tripathi, J.) #MH Dave Top