(Per : HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
1. Rule.
Ld. APP waives service of rule.
2. Party-in-person
- Lilaben Pankajbhai, wife of the convict - prisoner, who vide judgment and order dated 29/01/2007 rendered by the Ld. Addl. Sessions Judge, Surat, in Sessions Case No. 223 of 1993 has been convicted for the offences punishable under sections 302, etc., of the IPC and sentenced to undergo imprisonment for life and fine, has filed present application seeking temporary bail for period of 45 days on the ground of providing medical treatment to the applicant, wife of convict.
3. The jail remark sheet forwarded with the application by the jail authority reveals that the convict has undergone 4 years and 9 months in jail. It further transpires that the convict has enjoyed temporary bail on five occasions, furlough leave on two occasions and and parole on one occasion and on all the occasions, he surrendered in time before the jail authority.
4. Considering the facts and circumstances of the case, the application is allowed in part. The convict-prisoner is ordered to be released on temporary bail for the period of 10 [ten] days from the date of his actual release, upon furnishing personal bond in the sum of Rs.5,000/- [Rupees five thousand only] before the jail authority on usual terms and conditions. After expiry of the temporary bail period, the convict-prisoner shall surrender before the concerned jail authority immediately.
Rule is made absolute accordingly. DSP.
(D.H.WAGHELA, J.) (J.C.UPADHYAYA, J.) * Pansala.
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