(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) Pursuant to order dated 16th July 2012, Deputy Superintendent of Police, Patan is present before the Court. On instructions, learned APP Mr.Pujari states that the Police Inspector, Radhanpur did send information required by fax on 11th July 2012. On further inquiry, the learned APP states that as the fax machine in the Office of the Public Prosecutor was not working, the message could not be received by the Office of the Public Prosecutor.
Judicial notice can be taken of the fact that when a person sends fax message, person concerned does receive an information to the effect that whether that fax is received by the addressee or not. The Deputy Superintendent of Police, Patan, who is present in the Court pleads ignorance about the same. The Court does not take the matter any further. However, the learned APP is asked to inform the Deputy Superintendent of Police, Patan to be more careful in future in the matter of sending required information to the High Court.
2. Coming to the merits of the case, the present application is filed through Jail seeking temporary bail for a period of 30 days so as to get his children admitted in school. The communication produced by the Office of the Deputy Superintendent of Police, Patan which is in the nature of communication from the Police Inspector, Radhanpur Police Station is to the effect that father of the convict has taken Leave Certificate in respect of all three children. The cause mentioned in the application does not survive. In the event the convict is able to make out a case of his presence being required for the purpose of education of the convict's children, the convict can apply afresh. This application is rejected.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) karim Top