(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by one Savitaben Khodabhai Bhangi (Sonepara)-wife of the convict-Khodabhai Bababhai Bhangi. The Party-in-Person submitted that as the son of the sister of the convict is getting married on 05.05.2011, the presence of the convict is required to perform social duties.
1.1 On inquiring about late surrender by the convict when he was released on furlough in the year 2008, the Party-in-Person states that at that time, younger brother of the convict and his wife had died and therefore, the convict could not surrender to the jail. However, while he was about to surrender to the jail authorities, he was arrested and lodged back in jail.
1.2 From the demurral, the Court is of the opinion that Party-in-Person is narrating the true facts before the Court. Except late surrender, nothing adverse is noticed from the jail remarks.
2. RULE.
Mr.Kartik Pandya, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State.
3. For the contents of the application, the application is allowed. The convict is ordered to be released on temporary bail for a period of 30 days from the date of his release in Criminal Appeal No.2007 of 2008 pending before this Court, on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only) to the satisfaction of the Jail authorities.
4. The convict shall surrender to the Jail authorities on expiry of the temporary bail period.
5. Rule is made absolute.
Registry is directed to communicate this order to the jail authorities.
(Ravi R.Tripathi, J.) (P.P.Bhatt, J.) *Shitole Top