(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. Rule.
Mr Pandya learned Additional Public Prosecutor waives service of notice of Rule.
2. The present application is preferred by the applicant convict through his wife for temporary bail on the ground that the delivery of his wife may be premature and he wants to take care of his wife.
3. Party-in-person is present and she declared before this Court that if reasonable time is granted, she will not come for extension. It appears from the jail report that he has recently enjoyed furlough from 24th October 2011 to 8th November 2011. Still, however, on humanitarian ground and on considering, the ground to be genuine, the convict may be released for sometime, more particularly in view of the declaration made by party-in-person, who is the wife of the convict and that she shall not come for extension. Under the circumstances, the applicant-convict be released on temporary bail for ten days from the date of his release on his executing personal bond in the sum of Rs 5,000/-(Rupees five thousand only) and one surety of like amount before the jail authority. He shall surrender before the jail authority upon the expiry of the aforesaid period.
3. This application is allowed. Rule is made absolute to the aforesaid extent.
4. Direct service is permitted today. Learned Additional Public Prosecutor shall communicate this order to the jail authorities.
(Jayant Patel,J.) (Paresh Upadhyaya,J.) mary// Top