(PER : HONOURABLE MR.JUSTICE R.P.DHOLARIA) RULE.
Learned APP Ms.H. B. Punani, waives service of rule for the respondent State.
The present application has been preferred by the convict through his uncle seeking temporary bail on the ground of post death ceremony of his grandmother which is scheduled on 29.09.2013.
Heard learned advocate for the applicant convict and learned APP for the respondent State.
We have perused application and documents on record. From the record, it emerges that against the sentence of life imprisonment, the convict has served out the sentence of more than 4 years including the period of set-off. During this period, he has enjoyed two spells of temporary bail and two spells of furlough leave. On each occasion, he has surrendered in time to the Jail Authorities.
In view of the aforesaid facts and circumstances, we are inclined to use judicial discretion in favour of the convict to release him on temporary bail. The application is partly allowed. The convict is ordered to be released on temporary bail for a period of 14 days from the date of actual release on his furnishing personal bond of Rs.10,000/- [Rupees Ten Thousand Only] with the Jail Authorities. Upon completion of the temporary bail period, he shall surrender before the Jail Authorities. Rule is made absolute to the aforesaid extent.
Direct service is permitted, today.
(AKIL KURESHI, J.) (R.P.DHOLARIA,J.) vijay Page 2 of 2