1.0 Learned Additional Public Prosecutor was to obtain and produce health certificate of health of the convict from the jail authorities.
1.1 The learned Additional Public Prosecutor places on record a certificate issued by Physian, Division-1, District Jail, Surat dated 17th May 2012, wherein it is stated that, 'the convict was examined on 21st April 2012 and as per his old record, he is suffering from SAHT. He is on treatment as advised by UN Mehta Institute of Cardiology, Ahmedabad. His condition is stable'.
2.0 Rule.
Learned Additional Public Prosecutor Mr. Patel waives service of process of Rule.
3.0 Learned Additional Public Prosecutor made available for perusal the Jail Remarks. The convict is undergoing life imprisonment for the offences punishable under Sections 302 of the IPC and Section 135 of the BP Act in Sessions Case No. 105 of 2004 (New No. 12 of 2005). He has enjoyed Temporary Bail on five different occasions. In the year 2008 when he was released on Temporary Bail, he absconded and was lodged back in jail only after 701 days by the police but thereafter, in the year 2011, he enjoyed three Temporary Bail and reported in jail in time. He has also enjoyed two furlough and three Parole and reported in time.
4.0 Taking into consideration the contents of the application, the application is allowed. The applicant - convict is ordered to be released on Temporary Bail for a period of 30 days from the date of his release, on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand only) to the satisfaction of the jail authorities.
4.1 The applicant - convict shall surrender to the jail authorities on expiry of the Temporary Bail period.
4.2 Rule is made absolute to the aforesaid extent.
[ Ravi R. Tripathi, J. ] hiren Top