(PER : HONOURABLE MR.JUSTICE R.P.DHOLARIA) RULE.
Learned APP Mr.H. L. Jani, waives service of rule for the respondent State.
The present application has been preferred by the convict through his mother seeking temporary bail on the ground of attending marriage ceremony of his niece.
We have perused application and documents on record. From the record, it emerges that against life imprisonment, the convict has served out the sentence of more than 4 years and 2 months including the period of set-off. During this period, he has enjoyed once furlough leave. He has surrendered in time to the Jail Authorities.
In view of the aforesaid facts and circumstances, we are inclined to use judicial discretion in favour of the convict to release him on temporary bail. The application is allowed. The convict is ordered to be released on temporary bail for a period of 21 days from the date of actual release on his furnishing personal bond of Rs.10,000/- [Rupees Ten Thousand Only] with the Jail Authorities. Upon completion of the temporary bail period, he shall surrender before the Jail Authorities. Rule is made absolute to the aforesaid extent.
(AKIL KURESHI, J.) (R.P.DHOLARIA,J.) vijay Page 2 of 2