Rule.
MR.K.L.Pandya, learned Additional Public Prosecutor waives service of Rule for the respondent-State.
The instant application is filed seeking temporary bail for the period of 30 days in connection with FIR being I- C.R. No.570/2008 registered with Kapodra Police Station, District:Surat regarding the offences punishable under Section 363 and 302 of the Indian Penal Code.
Mr.Baghel, learned advocate for the applicant submitted that the father of the present applicant-accused is sick. He drew my attention to the medical certificate issued by Medical Officer regarding treatment and surgery, which is scheduled on 19.06.2012. He submitted that mother of the applicant-accused had filed application being Criminal Misc. Application No.7814 of 2012 in this Court for temporary bail of the applicant-accused but, at that time, since no cogent medical evidence was produced, the said application came to be dismissed reserving the liberty of the applicant to apply in future for temporary bail with relevant details. It is further submitted that on the ground of illness of his father, vide order dated 18.05.2012, passed in Criminal Misc. Application No.6827 of 2012, he was released on temporary bail for the period of three weeks and upon completion of period temporary bail, he reported in time before the jail authority.
Heard Mr.J.K. Shah, learned APP for the respondent-State.
Having taking into consideration the submissions advanced on behalf of both the sides, so also considering the medical certificate produced by the applicant, this Court is of the opinion that the present application deserves to be partly allowed.
For the foregoing reasons, the application is partly allowed and the applicant is ordered to be released on temporary bail for the period of 10 days from the date of his actual release on his furnishing personal bond of Rs.10,000/- with one surety of like amount to the satisfaction of concerned Jail authority. On completion of period of temporary bail, he shall immediately surrender before the Jail authority and during the period of his temporary bail, he shall maintain law and order and shall not misuse his liberty.
Application stands disposed of. Rule made absolute accordingly. Direct service is permitted. Direct service is permitted, today.
(J.C.UPADHYAYA,J.) GIRISH Top