(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present application has been preferred by the applicant - convict for temporary bail on the ground that she wants to attend the marriage of her daughter and son.
Pursuant to the earlier order passed by this Court, Mr.Dave, learned Counsel for Narcotics Control Bureau, states that the ground is verified. However, the reservation is shown, because the convict - applicant was involved in drug trafficking.
It appears from the jail report that the convict is in jail for a period of more than six years and she has not been released in the past on temporary bail.
We find that when the ground is genuine for the marriage of her son and daughter, she can be released on temporary bail. However, since she has not been released in the past and there is no past back-ground of surrendering in time and she is being released for the first time, stringent conditions are required to be imposed in order to see that upon expiry of the period of temporary bail, she surrenders before the concerned jail authority. In our view, such stringent conditions should be a surety of a person having immovable property of value not less than Rs.25,000/-.
In view of the aforesaid, the applicant - convict be released on temporary bail from 22.3.2012 to 26.3.2012 upon compliance of the following conditions that:-
(a) she executes a personal bond of Rs.5,000/-;
(b) she furnishes a surety of any person having immovable property of not less than Rs.25,000/-;
(c) such person, who stands as surety, executes the bond of Rs.25,000/- and deposits the original document(s) of the property with the concerned jail authority.
The applicant - convict shall surrender with the concerned jail authority on 27.3.2012 and upon surrendering by her, the concerned jail authority shall return the original document(s) of the property to the person, who has submitted the document(s) and who has stood as surety.
The application is allowed to the aforesaid extent. Rule made absolute accordingly. Direct service is permitted.
(Jayant Patel, J.) (Paresh Upadhyay, J.) vinod Top