(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) Rule.
Mr. Pandya, learned APP waives notice of Rule.
By way of this application, the applicant-convict through his sister has prayed that he be enlarged on temporary bail on the ground that he wants to attend the post death rituals of his father who has died on 09.03.2012.
Along with the application, a copy of the death certificate is also annexed. It appears that the ground is genuine. The jail report shows that the applicant-convict has not enjoyed any furlough leave or temporary bail. However, since the applicant has not been released in past and there is no past background of surrendering in time and since he is being released for the first time, stringent conditions require to be imposed.
Therefore the applicant is enlarged on temporary for a period of two weeks from the date of his actual release on the following conditions that :
He executes a personal bond of Rs.5000/-
He furnishes a surety of any person having immovable property of not less than Rs.25,000/-.
such person who stands as surety executes the bond of Rs.25,000/- and deposits the original document(s) of the property with the concerned jail authority.
On expiry of the period of bail, he shall surrender with the jail authority in time.
Upon surrendering by the applicant, the jail authority shall return the original document(s) so submitted by the person who stood as surety.
Application allowed to the aforesaid extent. Rule made absolute accordingly. D.S. today.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) *bjoy Top