(Per : HONOURABLE MR.JUSTICE N.V. ANJARIA) Rule.
Learned A.P.P. waives service.
By way of this application, the applicant-convict through his son has prayed for temporary bail on the ground that engagement of two sons of the convict are fixed on 29.01.2012 and that on that occasion the presence of the convict is necessary in capacity of father. A copy of the invitation card is produced in support.
We have considered the jail record of the applicant. He has by now spent more than five years in jail and it is further seen that whenever he was temporarily released in past either on temporary bail or on furlough leave, he has reported back in time. There is nothing adverse in his jail record.
In the facts and circumstances and having regard to the grounds advanced, we permit the applicant to be on temporary bail for period of fifteen days from the date of his actual release, so as to enable him to attend the marriage in question fixed on 29.01.2012, and order his release for the said period, but his release shall be on the following conditions:
The applicant shall furnish personal bond for the sum of Rs.5,000/- (Rupees Five Thousand only) before the jail authorities.
The applicant shall surrender himself before the jail authority immediately on expiry of temporary bail period.
The applicant shall not abuse the liberty in any manner and shall maintain law and order during this period.
Rule is made absolute accordingly.
[D.H.
WAGHELA, J.] [N.V.
ANJARIA, J.] Amit Top