Rule.
Learned Additional Public Prosecutor Mr.L.R. Pujari waives service of notice of Rule on behalf of respondent-State.
The convict-prisoner has filed the present application praying for temporary bail on the ground of medical treatment of his wife. It is submitted that wife of the applicant has been suffering from uterus related pain and is under treatment. Along with the application, certificate of Chief District Medical Officer cum Civil Surgeon, General Hospital, Dahod dated 11th December, 2012 was produced.
Since the said certificate was no expressive enough, learned Additional Public Prosecutor, upon being inquired, produced a fresh certificated dated 13th February, 2013 states that wife of the applicant is suffering from uterus diseases and she has advised to undergo uterus operation within two weeks. The said certificate is taken on record.
From the jail record of the applicant, it transpires that the applicant has served in jail for a period of more than five years by now out of total sentence of 10 years. He was twice released on temporary bail and once on parole and on such occasions, he has reported back in time. There is nothing adverse otherwise in his jail record.
In the facts and circumstances of the case and considering that the cause shown to be found genuine, the applicant shall be released on temporary bail for a period of 15 days from the date of his actual release. However, his release shall be on the following terms and conditions:
a) The applicant shall furnish personal bond for the sum of Rs.10,000/- (Rupees Ten Thousand Only) before the Jail Authority;
b) The applicant shall surrender himself before the Jail Authorities immediately on expiry of temporary bail period;
The applicant shall not abuse the liberty in any manner and shall maintain law and order during this period.
Rule is made absolute.
Registry shall make available copy of this order to learned Additional Public Prosecutor for his immediate onward communication to the Jail Authority.
(N.V.ANJARIA, J.) Anup Page 3 of 3