(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) By way of this application, the applicant - convict has prayed that he be enlarged on temporary bail for the purpose of house construction.
Pursuant to the earlier order passed by this Court, learned APP, Mr.Pandya, after ascertaining from the convict himself, has submitted that he is not in a position to give solvent surety of a person having immovable property worth not less than Rs.25,000/-, in spite of the fact that his application for temporary bail is being considered for the first time. We also find that in our view, the ground is not such, where the presence of the applicant - convict can be said to be indispensable and we would have considered the application in the event the applicant was ready to furnish surety as aforesaid, however, it is denied by him.
Considering the totality of the facts, discretion does not deserve to be exercised. Application is rejected. Rule is discharged.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (vipul) Top