(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. RULE.
Shri L.B. Dabhi, learned APP waives service of notice of rule on behalf of the respondent-State.
2. The present application, through jail, has been preferred by the applicant-convict-Jaganbhai Fuljibhai Vasava, to release him on temporary bail for a period of 45 days for constructing the house for which financial assistance has been allotted in favour of his wife under the Indira Vikas Yojna.
3. It appears from the record that the work order/financial assistance was granted in favour of the wife of the applicant on 19/04/2012 and the first instalment of Rs.21,000/- has been credited in her bank account on 14/05/2012 and the same has been withdrawn by her on the very next day. It is reported that as such till date the construction has not begun at all.
4. It is pointed out by Shri L.B. Dabhi, learned APP that under the work order/financial assistance dated 19/04/2012 the construction of the house was to be completed within 15 weeks and till date even the work has not begun, despite the first instalment of Rs.21,000/- has been withdrawn. It is submitted that now if the wife of the applicant wants to get financial assistance under the Indira Avas Yojna she would be required to make an application for extension.
5. Under the circumstances, the present application is dismissed at this stage. As and when any further application is made by the wife of the applicant for extension of time and further order is passed, it will be open for the applicant to submit an appropriate application, which shall be considered in accordance with law and on its own merits. Rule is discharged.
(M.R.SHAH, J.) (S.H.VORA, J.) siji Page 2 of 2