(Per : HONOURABLE MR.JUSTICE P.P.BHATT) The present application is filed by the convict through jail seeking temporary bail for a period of 60 days for the purpose of medical treatment of his father who is aged about 80 years.
It is stated by the convict in his application that he is having wife and two minor children and maintenance of the family is looked after by his wife. It is also stated that his father is not keeping good health. In support of the application, medical case papers of General Hospital, Porbandar are also enclosed.
Rule.
Learned APP Mr.Pandya waives service of notice of rule on behalf of the respondent State.
Learned APP made available for perusal the jail remarks. On perusal of the same, it appears that by now, the convict has undergone 8 years, 3 months and 11 days as on 6.5.2011. He has enjoyed furlough on four occasions, lastly in the months of March and April 2011 and every time, he has reported in time. Nothing adverse is noticed from the jail remarks.
Having regard to the facts and circumstances of the case stated in the application, the same is partly allowed. The convict prisoner is ordered to be released on temporary bail for a period of 40 days from the date of his actual release, on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand only) to the satisfaction of the jail authorities. The convict shall surrender to the jail authorities on expiry of the temporary bail period.
Rule is made absolute to the aforesaid extent.
(RAVI R.TRIPATHI,J) (P.P.BHATT,J) pathan Top