1. The present application is filed by the son of the convict seeking temporary bail of the convict for a period of 30 days for undertaking necessary repairs of the house. In support of the application, a certificate from the Member of Standing Committee of Surat Municipal Corporation is enclosed. Besides that, photographs of the house are also enclosed. The certificate mentions that the house is in a very dilapidated condition. Not only that, even sewerage line is also got damaged and in the event, the house is gets demolished, it is likely to cause damage to the neighbours.
2. RULE.
Mr.H.K.Patel, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State.
3. Learned APP made available for perusal the jail remarks. The convict has enjoyed temporary bail on 7 different occasions, last in the month of February-March 2012 on the occasion of marriage of his son. He has also enjoyed two furloughs and one parole in the year 2007. Nothing adverse is recorded in the jail remarks.
4. For the contents of the application, the application is allowed. The convict is ordered to be released on temporary bail for a period of 30 days from the date of his release, on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only) to the satisfaction of the Jail authorities. The present temporary bail granted with an understanding that on the same ground, no application will be made and no temporary bail will be granted.
5. The applicant-convict shall surrender to the Jail authorities on expiry of the temporary bail period.
6. Rule is made absolute.
Direct service permitted today.
(Ravi R.Tripathi, J.) *Shitole Top