(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) Rule.
Mr.Pandya, learned APP waives service of rule on behalf of respondent-State.
The applicant, party-in-person, is present in the Court. He is at present on temporary bail pursuant to the order passed by this Court dated 29th March, 2012 recorded in Criminal Misc. Application No.4146 of 2012. As per the said order, he has to surrender before the jail authorities today.
By this application, the applicant-convict has prayed that pursuant to the death of his father on 24th March, 2012, some post death rituals are now scheduled on 13th April, 2012.
From the order dated 29th March, 2012, we find that considering the date of death, which was on 24th March, 2012, the applicant was permitted to be on bail upto 9.4.2012, which would be two weeks, so as to enable him to complete all ceremonies.
Today, the party-in-person, who is present in the Court states that though he has to surrender as per the said order on 9th April, 2012, the rituals are scheduled on 13th April, 2012. On this count alone, discretion does not deserve to be exercised. Further from the application, we find that there are 2 brothers of the applicant, who are above 20 years of age.
Considering the totality of the facts, the application is rejected. Rule discharged.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top