(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY)
1. Rule.
Mr. Pandya learned APP waives service of rule on behalf of the State.
2. By way of this application, the applicant-convict has prayed that he be enlarged on temporary bail to attend the marriage of his brother's son, which is scheduled on 10.5.2012. From the jail remarks as well as from th papers of Criminal Appeal No. 1284/2011 which are tagged with this application, we find that the applicant-convict has been sentenced to undergo R/I for three years. The applicant-convict had also moved the application for suspension of sentence and regular bail, being Criminal Misc. Application No. 14163/2011 which was dismissed by this Court on the ground that the learned advocate for the applicant was not present on the day of hearing. Thereafter, nothing has happened in that regard.
3. Considering the totality of the facts, it is ordered that the applicant-convict shall be released on temporary bail for a period of two weeks from the date of his actual release on personal bond of Rs. 5000/-. Since the applicant-convict is being released on temporary bail for the first time, some stringent condition is required to be imposed. Therefore, it is further ordered that one surety having immovable property worth not less than Rs. 25,000/- shall also be furnished before the jail authority and the documents of the property shall also be furnished to the jail authority which shall be returned to the surety on the applicant's surrendering to the jail on expiry of the period of temporary bail granted by this Court.
4. It is observed that the applicant-convict, if so desirous, may move this Court for suspension of sentence and regular bail, and in the event, the application is filed, the same shall be considered on its own merits in accordance with law.
5. The present application is allowed to the aforesaid extent. Rule is made absolute accordingly.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) mandora/ Top