(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Rule.
Mr.Pandya, learned APP waives service of rule on behalf of the respondent-State.
The present application has been preferred by the applicant-convict, through his wife, for temporary bail on the ground that his son has expired on 6th January, 2012 and he wants to perform post death ceremony.
Jail report shows that the convict is in jail since last 5 years and he has not been released so far. The wife of the convict, who is present, undertakes before the Court that if he is released for some time, she shall ensure that the convict surrenders in time upon the expiry of the period. It also appears that the financial condition of the convict is very poor belongs to a very poor strata of rural village.
Under the circumstances, the applicant-convict be released on temporary bail for a period of 3 weeks from the date of his actual release on personal bond of Rs.5,000/- and his wife who is present in the Court shall also execute the bond of Rs.500/-. with the further direction that upon the expiry of the period, he shall surrender with the jail authority.
Application allowed to the aforesaid extent. Rule made absolute. Direct service is permitted.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top