1.0 Present application is filed by the son of the convict seeking Temporary Bail for a period of 30 days for the treatment of the convict himself.
2.0 Learned advocate Ms. Parmar for the applicant submitted that the convict when was released on Temporary Bail in the month of February 2012 to repay his agricultural loan, he met with an accident and therefore, extension was sought for, which was granted. On account of accident, he was suffering from multiple injuries and for that, he was admitted in ICU. The second prayer for extension of Temporary Bail was rejected and therefore, he surrendered to the jail authorities. The learned advocate for the applicant further states that today, he is admitted in the Civil Hospital and his condition is serious. The son of the convict, therefore, wants his father to be treated by a private doctor.
3.0 Rule.
Learned Additional Public Prosecutor Mr. Patel waives service of process of Rule.
4.0 Learned Additional Public Prosecutor made available for perusal the Jail Remarks. The convict is undergoing life imprisonment for the offences punishable under Sections 302 and 34 of the IPC and Section 135 of the Bombay Police Act in Sessions Case No. 14 of 2007. By now, the convict has undergone imprisonment of 05 years and 16 days. He has enjoyed Temporary Bail on three different occasions and one furlough in the months of July - August 2011. Every time, he has reported in jail in time.
5.0 Taking into consideration the contents of the application, the application is allowed. The convict is ordered to be released on Temporary Bail for a period of 30 days from the date of his release, on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand only) to the satisfaction of the jail authorities.
5.1 The convict shall surrender to the jail authorities on expiry of the Temporary Bail period.
5.2 Rule is made absolute to the aforesaid extent.
[ Ravi R. Tripathi, J. ] hiren Top