1. The present application is filed by the brother of the under-trial prisoner seeking temporary bail for a period of 30 days so as to attend to his ailing child, who is admitted in Vatsalya Clinic at Surat.
2. RULE.
Mr.H.K.Patel, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State.
3. Learned APP made available for the jail remarks. The convict is undergoing imprisonment for 5 years' for an offence under Sections 307 and 114 of the Indian Penal Code and Section 135 of the Bombay Police Act in Sessions Case No.151 of 2007.
3.1 Learned APP submitted that the conviction is very recent as he is convicted by judgment and order dated 07.02.2012 and as he was on bail during trial, he has undergone only 6 months and 21 days. Besides, learned APP submitted that this is going to be his first release and therefore, in the event, the Court is inclined to release him on temporary bail, it should be on stricter conditions.
4. For the contents of the application, the same is allowed. The applicant-under-trial prisoner is ordered to be released on temporary bail for a period of 15 days from the date of his release, on his executing a personal bond in the sum of Rs.5,000/- (Rupees Five Thousand Only) with one surety of the like amount to the satisfaction of the Jail authorities and on conditions that:-
he shall mark his presence at the nearest Police Station every alternate day.
in the event he is required to leave local limits of Surat, he shall intimate about the same to the police authorities.
5. The applicant shall surrender to the Jail authorities on expiry of the temporary bail period.
6. Rule is made absolute.
Direct service permitted today.
(Ravi R.Tripathi, J.) *Shitole Top