(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) By way of this application, the convict, through his wife, has prayed that he be enlarged on temporary bail since he has to make arrangements for the admission of his children as well as other domestic issues.
Pursuant to the earlier order passed by this Court, learned APP has submitted that the admission is to be taken in the First Standard and as per the report of police, in their view, the presence of the convict cannot be said to be indispensable. However, from the jail remarks, we find that the furlough of the convict was already due and he had applied but the same is refused by the competent authority and the convict has not been enlarged on any count up till now.
Considering the totality of the facts, it is ordered that the convict shall be released on temporary bail for a period from 28.5.2012 to 8.6.2012 on personal bond of Rs. 5000/-. Since the convict is being released on temporary bail for the first time, some stringent condition is required to be imposed. Therefore, it is further ordered that one surety having immovable property worth not less than Rs. 25,000/- shall also be furnished before the jail authority and the documents of the property shall also be furnished to the jail authority which shall be returned to the surety on the applicant's surrendering to the jail on expiry of the period of temporary bail granted by this Court.
It is further directed that the convict shall surrender back to the jail authority on 9.6.2012.
The present application is allowed to the aforesaid extent. Rule is made absolute accordingly. DS permitted today.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) mandora/ Top