Present application is filed by the convict through jail seeking temporary bail for a period of 45 days so as to make available the medical treatment to his brother who is HIV+ and he has also suffered paralysis attack. In support of the application, the medical case papers of the Civil Hospital, Ahmedabad are produced. It is mentioned in the application that he has only widowed mother and a young daughter aged three years in his family.
2. Rule.
Mr.Patel, learned Additional Public Prosecutor waives service of notice of Rule. Learned APP makes available for perusal the jail remarks. From the jail remarks, it transpires that convict is undergoing life imprisonment for the offence punishable under Section 302 of the IPC and he has undergone two years by now. He has enjoyed one furlough in the month of December, 2011 and he has reported in time.
3. For the contents of the application, the same is allowed. The applicant is, therefore, ordered to be released on temporary bail for a period of 30 DAYS from the date of his release on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only) before the Jail Authorities on certain conditions that he will;
a) not leave the State of Gujarat.
b) not indulge in any illegal activity.
c) surrender before the Jail Authorities in time.
4. Rule is made absolute.
(RAVI R TRIPATHI, J.) sompura Top