1.0 The matter was kept today to enable the learned Additional Public Prosecutor to secure presence of the Superintendent of RH& CHC, Lakhtar, Dist. Surendranagar before this Court to explain as to why the Certificate is issued on a zerox copy of his letterhead.
2.0 Pursuant to that, Accountant from the office of the Superintendent, RH & CHC, Lakhtar, Dist. Surendranagar is present before the Court and states that letterhead is not a zerox copy of the letterhead but it is a print taken out from the computer as the letterhead is maintained only in the computer.
3.0 Present application is filed by the Under Trial Prisoner seeking Temporary Bail for a period of 30 days so as to undertake treatment of his wife, who is advised more investigation from 'higher center for more treatment and operation as much as early possible'.
4.0 The learned advocate for the applicant states that he was released on Temporary Bail for two days with police escort by the trial Court.
5.0 Rule.
Learned Additional Public Prosecutor Mr. Patel waives service of process of Rule.
6.0 The applicant is an Under Trial Prisoner for the offences punishable under Sections 302, 323, 506(2) and 114 of the IPC. He is in jail since 13th September 2001. The learned Additional Public Prosecutor requested that in case the Court decides to grant him the Temporary Bail, in that event, as he is going to be released for the first time, higher amount be provided towards security.
7.0 Taking into consideration the contents of the application, the application is allowed. The applicant is ordered to be released on Temporary Bail for a period of 15 days from the date of his release, on his depositing a sum of Rs.10,000/- (Rupees Ten Thousand only) before the jail authorities.
7.1 In addition to above, the applicant is directed to mark his presence before the nearest Police Station every alternate day.
7.2 The applicant shall not misuse his liberty.
7.3 The applicant shall not try to win over the witnesses.
7.4 The applicant shall not leave the limits of Ahmedabad and Surendranagar without prior permission of the Court.
7.5 The applicant shall surrender to the jail authorities on expiry of the Temporary Bail period.
7.6 Rule is made absolute to the aforesaid extent. Direct service is permitted today.
[ Ravi R. Tripathi, J. ] hiren Top