(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 that his mother is required to undergo operation.
It is stated by the applicant that his aged widow mother has been suffering from slip disc and she is required to be operated. Medical Certificate dated 08.02.2012 from one Sharma Hospital, Ahmedabad is produced in support. The applicant has stated that he is the only person in the family whose presence is necessary to arrange money for the operation and to help and take care of his mother.
The jail record of the applicant shows that he has spent more than eight years in jail by now. His past record is revealed and it is seen that whenever he was released temporarily either on bail or on furlough leave, he has reported back time.
In the facts and circumstances and considering the ground advanced, we permit the applicant to be on temporary bail for a period of fifteen 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. Direct service is permitted today.
(D.H.
WAGHELA, J.) (N.V.
ANJARIA, J.) [sn devu] pps Top