(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) Rule.
Mr. Pandya learned APP waives service of rule on behalf of the State.
By way of this application, the applicant-convict has prayed that he be enlarged on temporary bail to attend the post death ceremony of his uncle who has died on 12.4.2012. From the jail remarks, we find that the applicant was already released on temporary bail in January, 2012. Further we find that the ground is such where the presence of the applicant-convict cannot be said to be indispensable coupled with the fact that the date mentioned in the application also shows that the post death ceremony is over by this time.
Under the circumstances, the discretion does not deserve to be exercised. The application is dismissed. Rule is discharged.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) mandora/ Top