(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY)
1. By way of this application, the applicant has prayed that the convict be enlarged on temporary bail to attend the engagement of his daughter, which is scheduled on 21.5.2012.
2. Pursuant to the earlier order passed by this court, learned Special PP Mr. J.M. Panchal, after verification from the concerned police station, has submitted that the cause mentioned in the application is genuine. He has submitted that though the function is stated to be from 18.5.2012 to 22.5.2012, the actual ceremony is on 21.5.2012.
3. Since in the present case, the co-convict, had absconded while being on furlough and/or temporary bail, to secure the presence of the convict, it was thought necessary by the court on earlier occasions to release the convict under Police Escort to attend the function at their costs. Under these circumstances, it was inquired whether the convict is desirous to attend the engagement ceremony at his own costs under the Police Escort, to which, from the record, it transpires that he has shown his willingness to attend the same under Police Escort bearing the expenses for three days.
4. Considering the totality of the facts, it is directed that the convict shall be permitted to attend the engagement ceremony of his daughter which is scheduled on 21.5.2012 under Police Escort at his costs. For this purpose, the convict shall be permitted to go out from jail from 20.5.2012 to 22.502012 and he shall be brought back to the jail on 23.5.2012. The Police Escort shall be of one armed ASI and two armed Police Constables. It shall be the duty of the Escorting Party to see to it that the custody of the convict is maintained property while he is out of jail and is brought back to the jail on 23.5.2012.
5. This order shall be given effect only after the necessary amount for the Police Escort is deposited by the convict before the Jail Authority.
6. The application is allowed to the aforesaid extent. Rule is made absolute. DS Permitted.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) mandora/ Top