(Per : HONOURABLE MR.JUSTICE A.L.DAVE) Rule.
Ms.Mita Panchal, learned A.P.P., waives service of notice of rule on behalf of the respondents. Having regard to the facts of the case, the application is heard today.
2. The applicant seeks temporary bail for 60 days on the ground of his ailment. It is the case of the applicant that he is suffering from tuberculosis, which is supported by medical papers. It appears that the applicant had suffered attack of tuberculosis earlier and he was cured. This is relapse of the same disease. We also notice that the applicant is a convict of the year 2001 and he is in jail for almost 9 years. During this period, he has enjoyed temporary bail only once on the ground of house repairs.
3. We are conscious of the fact that the applicant had applied for temporary bail on the ground of his own sickness by preferring Criminal Misc. Application No.4718/2007, which was rejected by order dated 14.5.2007 by this Court. But, that was on the ground that as per the medical certificate dated 18.4.2007 issued by the Medical Officer, Jail Dispensary, Central Prison, Vadodara, the applicant was freed from tuberculosis as per sputum examination carried out on 31st March, 2007. The present application is founded on a subsequent development of the koch's having relapsed. This is repetitive character of the ailment and the jail record of the applicant persuade us to exercise our discretion in favour of the applicant.
4. The application is allowed. The Superintendent, Central Jail, Vadodara is directed to release the applicant on temporary bail for a period of 60 days from the date of his release on his executing a personal bond of Rs.5000/- (Rupees Five Thousand only) before the jail authority.
Rule is made absolute to the aforesaid extent.
[A.L.DAVE,J.] [J.C.UPADHYAYA,J.] Top