(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) 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 father-in-law who has expired on 12.03.2012.
Pursuant to the earlier order passed by this Court, Mr.Panchal, learned Special Public Prosecutor has submitted a report received by him dated 27.03.2012 wherein it is mentioned that the ground mentioned for death of the father-in-law is correct and apprehension is voiced that since other two co-accused had jumped the temporary bail granted by this Court, temporary bail may not be granted.
Mr.Sindhi, learned counsel appearing for the applicant states that his client is ready to bear the expenses for police escort if the applicant-convict is permitted to attend the post death ceremony.
We find that if the convict is to attend the post death ceremony under the police escort, the custody of the convict shall remain under the control of the escorting officer and there will not be any chance of absconding by the convict and he can be lodged with the jail authority upon expiry of the period.
Hence, the following order -
The convict shall be permitted to attend the post death ceremony of his father-in-law for a period of 3 days, i.e., 02.04.2012 to 04.04.2012, under the police escort of one armed ASI and two armed constables at his cost.
After the amount of cost is deposited, the order shall be implemented by the jail authority. It is further observed and directed that it will be the duty of the escorting officer to ensure the custody of the convict during the aforesaid period and it shall also be the duty of the escorting officer to lodged the applicant convict with the jail authority on 05.04.2012.
Application allowed to the aforesaid extent. Rule made absolute accordingly. D.S. today.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) *bjoy Top