(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present application is preferred by the applicant - convict for temporary bail on the ground that he wants to attend the marriage of both the sisters.
It appears that as per the convict his furlough has already become due and upon further inquiry through the learned APP, it has been stated that the furlough of the convict is sanctioned, but the condition is imposed that he shall not be able to leave the limits of the Gujarat State.
Under these circumstances, the applicant - convict has prayed that since he wants to attend the marriage of his sisters outside Gujarat State and such being the condition of furlough, he will not be able to attend the marriage and, therefore, it has been prayed that the temporary bail be granted.
If the jail record of the convict is considered, it appears that when the convict was released earlier on temporary bail on the ground of sickness of his father and on furlough, he has surrendered in time. But since the condition of furlough is required to be modified, for not leaving the limits of Gujarat State, it would be appropriate if the convict furnishes a surety of one person having immovable property for the value of not less than Rs.25,000/- and if such person stands as surety by showing the authenticated record of the immovable property, the matter can be considered for releasing him even on furlough and upon surrendering by the convict before the concerned jail authority on the expiry of the period of furlough, the surety can be released.
As the matter is pertaining to the modification of the condition of furlough, we find it proper to direct the competent authority to consider the aforesaid aspects and take appropriate decision within a period of 10 days from today for modification of the condition or otherwise. In the event the condition is not modified, the convict may apply for temporary bail and at that stage, the matter shall be examined in accordance with law.
The present application is disposed of in terms of the aforesaid observations and directions.
(Jayant Patel, J.) (Paresh Upadhyay, J.) vinod Top