(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. Rule.
Mr. K.L Pandya learned Additional Public Prosecutor waives service of notice of Rule.
2. The present application is preferred by the applicant-convict through his wife on the ground that she wants to take care of his brother's wife ie the treatment of wife, of the brother who is also in jail.
3. It appears from the medical papers that the ground is genuine. The jail report shows that the convict was released earlier and he has surrendered in time. No adverse circumstances are brought to the notice of this Court. It further appears that the husband of the patient is the brother of the convict and he is also in jail but since, he had absconded for sometime, he was not released on this ground.
4. Under the circumstances the applicant be released on temporary bail for a period of ten days from the date of his release, on personal bond in the sum of Rs 5,000/- (Rupees five thousand only) and one surety of like amount before the jail authority with a further direction that upon the expiry of the said period he shall surrender before the jail authority.
5. This application is allowed. Rule is made absolute to the aforesaid extent.
6. Direct service is permitted today.
(Jayant Patel,J.) (Paresh Upadhyay,J.) mary// Top