(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Rule.
Mr.K.J. Panchal, learned Addl. Special Public Prosecutor, waives service of notice of Rule.
The present application has been preferred by the applicant - convict for temporary bail on the ground that he wants to make arrangement for getting back the record from the Hon'ble Supreme Court.
It appears that the convict was recently released in November, 2011 on furlough for 14 days and the work could have been done by him, if he was so desirous. Further, it is on account of the other matter(s) pending before the Hon'ble Supreme Court, the record is up till now not released. Under these circumstances, the application is not granted. However, through the Legal Aid of the Hon'ble Supreme Court, the convict may apply for appropriate process to forward the record to the High Court in accordance with law.
Office of the High Court shall also examine the said aspect and take up the matter in accordance with law for getting back the record, if not required by the Hon'ble Supreme Court.
Subject to the aforesaid observations, the present application is not granted.
(Jayant Patel, J.) (Paresh Upadhyay, J.) vinod Top