(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the convict through jail seeking temporary bail for a period of 45 days for his further treatment for the fracture he suffered in both hands. It is mentioned in the application that earlier when he was granted temporary bail, he had suffered fracture on both hands for which he had taken treatment in Sai Krishna Hospital and rod was inserted in his hands. It is also mentioned in the application that at that time the doctor has said that he should continue to do exercise and after one month, he can come for x-ray and if require, to remove the rod inserted in the hands.
2. Learned APP Ms.Jirga Jhaveri invited attention of the Court to the certificate issued by the Medical Officer, Central Jail Dispensary, Ahmedabad dated 28.12.2012 wherein it is stated that :
...
He was referred to Orthopedic Dept., Civil Hospital Ahmedabad on 06/12/12 for further follow up treatment where x-ray lumbar spine and both wrist were taken and report of suggestive of :
Orthopedic implant in situ of distal 1/3 of shaft of right ulna and displaced fractured fragment.
Old fracture noted through mid shaft of left 1st and 3rd metacarpal.
No evidence of lysis/lysthesis noted in Lumber spine.
Vertebral bodies IVD space/ posterior segment of vertebral body appear normal.
Pre & paravertebral soft tissue shadow appear normal.
Considering the report he was advised treatment for 1 month. ...
3. The Court had inquired from the learned APP as to why the convict is not granted furlough. Learned APP places on record a statement of the convict recorded on 28.12.2012 wherein the convict has stated that the first furlough was granted by the Inspector General of Prisons on 10.9.2012. he was given the details of the same. The furlough was granted on condition that he will have to make deposit of Rs.25,000/- and the surety will have to produce the documents of immovable property. The surety of the convict was one Vajaji Kaluji, who was Vevai . As he was not keeping well, he did not come forward to be the surety and therefore, on 3/4.12.2012, the convict had made an application for allowing him to change the surety and also to reduce the amount of deposit. The said application was favourably considered by the Inspector General of Prisons and as a new surety, the daughter of the convict Jyotsnaben, resident of Ranpur, Taluka Deesa, District Banaskantha was suggested. The Inspector General of Prisons was pleased to reduce the amount of deposit to Rs.10,000/- by an order dated 10.12.2012. It is also mentioned in the statement that the suggested surety daughter of the convict is unmarried and she is doing labour work and she does not have any immovable property in her name and therefore, she will also not be able to produce the papers of immovable property and the convict is also not in a position to deposit the amount of Rs.10,000/- and therefore, he is not able to enjoy the furlough.
4. Learned APP to file an affidavit producing the guidelines, if any, whereby this amount of deposit is ascertained by the Inspector General of Prisons.
5. The matter is kept for filing the affidavit on 11.1.2013.
6. A copy of this order be made available to learned APP for its onward communication for compliance.
(RAVI R.TRIPATHI, J.) (R.D.KOTHARI, J.) vipul Page 3 of 3