(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) By way of this application, the applicant-convict has prayed that she be enlarged on temporary bail on the ground of her own sickness.
Along with the application, the certificate issued by the Jail Authorities, Baroda is also annexed and from the said certificate, it transpires that the applicant-convict does suffer from the ailments.
Pursuant to the earlier order passed by this Court, learned APP, Mr.Pandya, based on the report has submitted that ground mentioned in the application is genuine.
The statement of the applicant-convict is recorded through jail authorities where from it is ascertained that the applicant is ready and willing to furnish the surety of a person having immovable property worth not less than Rs.25,000/-.
From jail remarks, we find that the applicant is in jail since more than 2 years and 4 months, she is not entitled for furlough.
Considering the totality of the facts, it is ordered that the applicant-convict shall be enlarged on temporary bail for a period of 10 days from the date of her actual release on personal bond of Rs.5,000/- and since the applicant is being enlarged for the first time, some stringent conditions are required to be imposed. Therefore, it is further ordered that over and above personal bond of Rs.5,000/-, as above ordered, the applicant shall also furnish the surety of a person having immovable property worth not less than Rs.25,000/- and the documents of the property, in question, shall also be furnished to the jail authorities, which shall be returned to the surety after applicant surrenders back. It is also directed that applicant shall surrender back to the jail on expiry of the period granted by this Court.
Application is allowed to the aforesaid extent. Rule made absolute.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top