(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Rule Mr.Pandya, learned APP waives notice of Rule.
The present application is preferred by the applicant-convict for temporary bail on the ground that he wants to withdraw the amount from his account with Ahmedabad District Cooperative Bank Ltd. for his family purpose.
The jail report shows that the convict had absconded for about 114 days.
The learned counsel for the applicant declared before us that the applicant is ready to bear the cost for police escort if this court is inclined to consider since the presence of the applicant would be required for withdrawal of the amount and there is no cheque book facility.
The extract of the bank account is produced which shows that the applicant's money is lying in the said bank account. If the applicant is permitted to undertake the work for withdrawal of the amount under the police escort, the custody of the applicant shall be ensured and upon the expiry of the period, he can be lodged with the jail authority.
In view of the aforesaid, it is directed that the applicant shall be permitted to complete the work of withdrawal of the amount from Ahmedabad District Cooperative Bank Ltd. for 2 days under the police escorts of one armed ASI and two armed Constables at his cost. It is observed that after the amount of cost is deposited by the applicant, the order shall be implemented. It is also further directed that it shall also be the duty of the escorting officer to see that the applicant is lodged with the jail authority upon the expiry of the period of 2 days.
Application is allowed to the aforesaid extent. Rule made absolute accordingly. D.S.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) *bjoy Top