(Per : HONOURABLE MR.JUSTICE N.V.ANJARIA) Rule.
Learned A.P.P. waives service.
The applicant, who is undergoing sentence, has by way of present application, prayed for temporary bail on the ground of participating in the religious ceremony (Mannat) of his sons.
The applicant, by producing copy of invitation card of 'Mannat' ceremony of his two sons fixed on 21.01.2012, has requested by letter that he may be released temporarily so that he can attend the occasion and participate therein. It was stated that he being the father, it was his responsibility to see to it that the ceremony is duly completed.
We have considered the jail record of the applicant which shows that he has spent more than six years in jail by now. It is further seen that whenever he was temporarily released in past, he has reported back in time. Nothing adverse is noticed in his jail conduct.
In the facts and circumstances and considering the reasons given, we permit the applicant to be on temporary bail for a period of fifteen days from the date of his actual release and order his release for the said period, so as to enable him to attend and participate in the ceremony fixed on 21.1.2012, but his release shall be on the following conditions:
The applicant shall furnish personal bond for the sum of Rs.5,000/- (Rupees Five Thousand only) before the jail authorities.
The applicant shall surrender himself before the jail authority immediately on expiry of temporary bail period.
The applicant shall not abuse the liberty in any manner and shall maintain law and order during this period.
Rule is made absolute accordingly.
[D.H.
WAGHELA, J.] [N.V.
ANJARIA, J.] Amit Top