(Per : HONOURABLE MR.JUSTICE N.V. ANJARIA) Rule.
Learned A.P.P. waives service.
The applicant, aged 62, who is undergoing sentence, has by way of present application, prayed for temporary bail on the ground of performing religious ceremony after death of his real son and real brother.
The applicant has stated that his young son died on 25.02.2011 and his real brother died on 27.02.2011. It is requested that he is required to undertake the religious rites on completion of one year of the death. According to the applicant, his presence is necessary for performing the necessary rites and ceremonies. From the jail record, it is indicated that the applicant has spent more than seven years in jail. His jail record is regular and clean. During all occasions of his release on temporary bail in the past, he has reported back in time.
In the facts and circumstances and considering the ground advanced, we permit the applicant to be on temporary bail for a period of fifteen days from the date of his actual release and order his release for the said period, but his release shall be on the following conditions:
The applicant shall furnish personal bond for the sum of Rs.5,000/- (Rupees Five Thousand only) before the jail authorities.
The applicant shall surrender himself before the jail authority immediately on expiry of temporary bail period.
The applicant shall not abuse the liberty in any manner and shall maintain law and order during this period.
Rule is made absolute accordingly.
(D.H.
WAGHELA, J.) (N.V.
ANJARIA, J.) [sn devu] pps Top