1. RULE.
Shri Dipen Desai, learned Additional Public Prosecutor waives service of rule on behalf of the respondents.
2. The present application, through jail, is by the Under trial prisoner - Jaychand Navinchand Dharamshi, for releasing him on temporary bail for a period of four weeks for the medical treatment of his aged father. It is not in dispute that as such the applicant is already released on temporary bail by the learned Trial Court but the learned Trial Court has imposed a condition that he will be released on temporary bail with police escort for four weeks. It is submitted in the application that it is not possible for the applicant to bear the expenditure of the police escort, therefore, it is requested to delete the said condition. The illness of the father of the applicant, who is aged 84 years, is not disputed. Though it is stated in the statement recorded by the police that the applicant's elder son is taking care of his father, while considering the fact that the learned Trial Court has already released the applicant on temporary bail but with police escort and as the applicant is not in a position to bear the expenses, the applicant can be released for some time without police escort but with some conditions.
3. Considering the submissions made and having regard to the circumstances and facts of the case, the application is partly allowed and the applicant is ordered to be released on temporary bail for a period of two weeks commencing from 8th July, 2008 till 23rd July, 2008 in connection with Crime Register No. I-6 of 2002 registered with Anand Town Police Station on his executing a personal bond of Rs. 10,000/- (Rupees Ten Thousand only) with the jail authority on condition that he shall;
(a) not take undue advantage of his liberty or abuse his liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) maintain law and order;
(d) furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of the Court;
(e) surrender before the jail authority on 23rd July, 2008 without fail.
4. Rule is made absolute to the aforesaid extent.
(M.R. SHAH, J.) siji