(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) By way of this application, the applicant-convict has prayed that he be enlarged on temporary bail to attend the sunnat ceremony of his son which is scheduled on 16.04.2012.
Pursuant to the earlier order passed by this Court, learned APP Shri Pandya, based on the report of Police Sub Inspector has submitted that the ground mentioned in the application is genuine.
From the jail remarks, we find that on earlier occasion, the convict has either not been enlarged on temporary bail or not enjoyed furlough. However, since the ground is genuine, discretion deserves to be exercised, but stringent conditions are required to be imposed.
To this, learned APP has submitted that the statement of the brother of the convict is taken and the applicant is also agreeable for furnishing the surety to the satisfaction of the Court.
Considering the totality of the facts, it is ordered that the applicant shall be enlarged on temporary bail for a period of 10 days from the date of his actual release on personal bond of Rs.5000 and one surety having immovable property of not less than 25000 and documents with regard to the property shall be furnished to the jail authorities shall be returned to the surety after the applicant surrenders to the jail authority.
It is directed that the applicant shall surrender with the jail authority upon expiry of the period granted by this Court.
Application allowed to the aforesaid extent. Rule made absolute accordingly.
The learned APP shall intimate this order to the jail authority.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) *bjoy Top