(Per : HONOURABLE MR.JUSTICE N.V. ANJARIA) Rule.
Learned A.P.P. waives service.
The applicant, who is undergoing sentence, has by way of present application, prayed for temporary bail on the ground of engagement of his son. It has been requested by the applicant in his letter dated 11.02.2012 sent through jail that his eldest son is of marriageable age, and his engagement is to be finalised. There is no other responsible member in the family except applicant. The applicant wants to discharge his obligation as father and urges for temporary release. Applicant has annexed certificate of the Sarpanch of Anjanva Group Gram Panchayat in support.
We have considered the jail record of the applicant. The applicant has already spent more than eight years in the jail by now. There is nothing adverse in his jail conduct. Whenever released in past temporarily, he has reported back in time.
In the facts and circumstances and considering the ground advanced, we permit the applicant to be on temporary bail for a period of ten days from the date of his actual release and order his release for the said period, but his release shall be on the following conditions:
The applicant shall furnish personal bond for the sum of Rs.5,000/- (Rupees Five Thousand only) before the jail authorities.
The applicant shall surrender himself before the jail authority immediately on expiry of temporary bail period.
The applicant shall not abuse the liberty in any manner and shall maintain law and order during this period.
Rule is made absolute accordingly.
(D.H.
WAGHELA, J.) (N.V.
ANJARIA, J.) [sn devu] pps Top