1. Rule, Ms.Chetna P. Shah, learned Additional Public Prosecutor waives service of notice of Rule for the respondent - State.
2. Heard Ms.Jayshree C. Bhatt, learned advocate for the applicant and Ms.Chetna P. Shah, learned Additional Public Prosecutor for the respondent - State.
3. By way of the present application, the applicant- convict has requested this Court to release him on temporary bail on the ground of sickness of his wife. As per Certificates dated 22.12.2011 and 02.01.2012, the applicant's wife Shamabanu has to undergo surgery of Exploratory Leprotomy and Hysterectomy with removal of OvarianCyst. The operation is planned on 05.01.2012.
4. Heard the learned advocates for the respective parties, perused the Jail record and orders passed by this Court dated 10.02.2011 in Criminal Misc. Application No.1641/2011 and order dated 22.06.2011 in Criminal Misc. Application No.8447/2011.
5. The learned APP has produced a Report submitted by Sub-Inspector, Memnagar Police Chawki, Ghatlodiya Police Station, Ahmedabad City along with the statement of the Doctor, who is going to perform this operation to the wife of the applicant.
6. It appears that during the pendency of the trial, the applicant was released on temporary bail by this Court on two occasions, which are mentioned hereinabove. Looking to the illness of the wife of the applicant and the conduct of the accused, the applicant deserves temporary bail for a period of two weeks from his date of release.
7. The application is allowed. The applicant - convict, Latif Ismail Saiyed shall be released on temporary bail on the following conditions :
(a) He shall be released on temporary bail from 04.1.2012 for a period of two weeks upon executing a personal bond of Rs.10,000/- before the Jail Authority.
(b) He shall mark his presence at Ghatlodiya Police Station on 09.01.2012 and 13.01.2012 between 11.00 a.m. to 2.00 p.m. Rule is made absolute, accordingly. Direct Service of this order, today,is permitted.
(A.J.DESAI, J.) ~gaurav~ Top