(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) By way of this application, the applicant has prayed that he be enlarged on temporary bail on the ground that he wants to attend the marriage of his brother which is scheduled on 18th March, 2012.
Pursuant to the earlier order passed by this Court, learned APP, Mr.Pandya, based on the report received by him from Police Sub-Inspector, Junagadh Taluka Police Station, states that the ground mentioned in the application is genuine. No other untoward aspects is indicated in the police report.
Considering the genuineness of the ground, the discretion deserves to be exercised, however, the applicant has not been enlarged on temporary bail or has not enjoyed any furlough leave on earlier occasion, therefore, over and above usual terms and conditions, some stringent conditions are required to be imposed in the present case.
Considering the totality of the facts, it is directed that the applicant shall be enlarged on temporary bail from 17th March, 2012 to 25th March, 2012 on following conditions:-
(a) the applicant executes a personal bond of Rs.5,000/-;
(b) the applicant furnishes a surety of any person having immovable property of not less than Rs.25,000/-;
(c) such person, who stands as surety, executes the bond of Rs.25,000/- and deposits the original document(s) of the property with the concerned jail authority.
The applicant - convict shall surrender with the concerned jail authority on 26th March, 2012 and upon surrendering by him, the concerned jail authority shall return the original document(s) of the property to the person, who stood as surety.
The application is allowed to the aforesaid extent. Rule made absolute accordingly. Direct service is permitted.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top