(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present application has been preferred by the applicant-convict for temporary bail on the ground that he wants to reconstruct and repair the house and also wants to take care of sickness of his daughter.
Pursuant to the earlier order passed by this Court, learned ,APP upon the report received by him from PSI, Amirgadh Police Station, states that the daughter is having sickness of cough and fever for last 5 days only and therefore, in our view, the ground is not such for which the discretion to be exercised. Further, for the repairing and reconstruction of the house, earlier application was made on 12.9.2011 being Criminal Misc. Application No.12735 of 2011 which has not been granted and again, another application for the same ground is made.
So far as the welfare scheme is concerned, as per the order passed by this Court on 28.12.2011, the same is already forwarded by the jail authority. Hence, the said cause would not in any case survive.
In view of the aforesaid, discretion does not deserve to be exercised for releasing the applicant on temporary bail. Hence, application is not granted. Therefore, dismissed. Notice discharged.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top