(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. Rule.
Mr K.L. Pandya learned APP waives service of rule on behalf of the State.
2. The present application has been preferred by the applicant-convict for temporary bail on the ground that he wants to attend the post-death ceremony of his mother and he is the oldest person in the family.
3. The death certificate is produced. The ground appears to be genuine. The jail report shows that on account of his sickness, when he was released,he had surrendered late, but one furlough is already forfeited on account of the same. The other report shows that when he was released, he surrendered in time. However, since he wants to go to his native place at Madhya Pradesh, some stringent condition is required to be imposed. Hence, the following order:
4. The applicant-convict is ordered to be released on temporary bail for a period of 10 days from his actual release on personal bond of Rs. 5000/ with one surety of the like amount with a direction that he shall mark his presence before the concerned Mehgaon Police Station, District- Bhind, Madhya Pradesh, and with a further direction that on expiry of the bail period, he shall surrender before the jail authority. The application is allowed to the aforesaid extent only. Rule is made absolute to the above extent. Direst service is permitted today.
[JAYANT PATEL, J.] [PARESH UPADHYAY, J.] mandora/ Top