(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) Rule. Mr. Pandya, learned APP waives service of notice of Rule for the State.
By way of this application, the applicant convict has prayed that he be enlarged on temporary bail to attend the mundan ceremony of his brother's sons scheduled on 30th April, 2012. From the jail remarks, we find that the applicant, who is convicted for offences punishable under section 304 II read with section 498 (A) of Indian Penal Code, is under going imprisonment since the last two years, coupled with fact that in our view, the ground is not such where the presence of the applicant can be said to indespensible. Considering the totality of the fact, discretion does not deserve to be exercised. Hence, application is rejected. Rule discharged.
(JAYANT PATEL, J) (PARESH UPADHYAY, J) *asma Top