(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present application has been preferred by the applicant-convict for temporary bail on the ground that the wife has to undergo hysterectomy operation on 17th January, 2012.
Pursuant to the earlier order passed by this Court, learned APP placed the report of P.I. Naroda Police Station which states that the operation was advised and it is fixed on 17th or 18th January, 2012. Under the circumstances, the ground appears to be genuine.
However, in order to see that again the application may not be moved for extension on the ground that the operation is postponed, appropriate care deserves to be taken. Hence, the following order.
Applicant
-convict be released on temporary bail for a period from 16th January, 2012 to 30th January, 2012 on the condition that the applicant shall have to furnish a personal bond of Rs.5,000/- and the surety of the like amount with the further direction that he shall report and mark his presence to Naroda Police Station twice during the above period i.e. on 22nd January, 2012 and 29th January, 2012 at 10.00 a.m. and with the further direction that he shall surrender with the jail authority on 31st January, 2012. It is also further observed and directed that in the event, the surgery or the operation does not take place on or before 19th January, 2012, the temporary bail granted shall automatically stand cancelled and the convict shall surrender with the jail authority on 20th January, 2012.
Application is allowed to the aforesaid extent. Rule made absolute. Direct service is permitted today.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top