(PER : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Rule.
Learned Special Public Prosecutor, Mr.Kogje, waives service. The applicant, mother of the convict, has prayed for releasing her convicted son on temporary bail for 30 days on the ground that the only other son of the applicant is suffering from oral cancer and required to undergo surgery for the third time on account of recurrence of the disease. It was submitted by the applicant, appearing as party-in-person, that in absence of any other adult earning member in the family, she was not in a position to pay for the police escort during the period of release of the convict on bail, and therefore, the convict may be released on temporary bail for minimum period of three days under police escort at the expenses of the State.
2. Learned Special Public Prosecutor, Mr.Kogje, submitted that son of the applicant having recently been convicted for very serious case of rioting and murder and sentenced to 24 years of imprisonment, it would be hazardous to release him on bail on any condition other than the condition of police escort, even if his release for a few days is justified in the peculiar facts of the case. He, however, fairly stated that, in case of special order in that regard, the State may not charge necessary expenses for providing round the clock police escort so as to ensure that the convict is returned to jail in time. He also pointed out that the convict son of the applicant has been released on two earlier occasions only for one day and only under police escort, according to jail record. Learned Special Public Prosecutor also relied upon previous order dated 18.12.2012 and 27.12.2012, whereby the convict was released on temporary bail for a period of one day with police escort at the cost of the State and on his executing personal bond in the sum of Rs.5,000/-.
3. In the above facts, the application is partly allowed and the son of the applicant, namely, Lakshman @ Lakho Budhaji Thakor is ordered to be released on temporary bail for three days under police escort upon his executing personal bond in the sum of Rs.5,000/- and on condition of the State providing round the clock minimum required police escort with the direction to ensure return of the convict to jail at the end of the period of temporary bail. Rule is made absolute accordingly with no order as to costs. It is clarified that this order is made under peculiar facts and circumstances of the case and shall not be cited as a precedent for any other co-convict in the same case or in any other case. Direct service is permitted.
(D.H.WAGHELA, J.) (G.R.UDHWANI, J.) *malek Page 2 of 2