Present application is filed through mother of the convict seeking temporary bail for a period of 60 days so as to attend his three month old ailing child. The matter was on Board yesterday and it was kept on today to enable the learned APP to take instructions in the matter.
2. Rule.
Mr.Patel, learned Additional Public Prosecutor waives service of notice of Rule. Learned APP makes available for perusal the jail remarks. From the jail remarks, it transpires that there are two cases in which the convict is undergoing sentence. In one case he is awarded sentence for life imprisonment and in another case he is awarded sentence for ten years.
2.1 Learned APP submitted that a separate application required to be filed for grant of bail in both the cases so as to allow the convict to go out of the jail. Technically, learned APP is right, but taking into consideration the fact that he has undergone actual imprisonment of 08 years, 02 months and 17 days, with remission it must work out more than 10 years and therefore he may not require to file a separate application for grant of bail in another case. In any case, he remains under the orders of this Court.
2.2 Learned Advocate Mr.Hardik Shah, appears for the applicant through Legal Aid. Taking into consideration the fact that he has enjoyed temporary bail on 10 different occasions and every time he has reported in time and the fact that he has enjoyed furlough on two different occasions and parole on one occasion, the application deserves to be allowed.
3. For the contents of the application, the same is allowed. The applicant is, therefore, 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) before the Jail Authorities on certain conditions that he will;
a) not leave the State of Gujarat.
b) not indulge in any illegal activity.
c) surrender before the Jail Authorities in time.
4. At the request of learned Advocate for the applicant it is observed that in the event the condition of the child does not improve, it will be open for the applicant to pray for extension of temporary bail. At the request of learned APP it is clarified that passing of this order will not be treated as precedent as this Court has passed this order in the peculiar facts and circumstances of the case wherein the three months old child is required to be shifted to a better hospital as the child is required to be kept on ventilator.
5. Rule is made absolute. Registry is directed to communicate this order to the jail authority by Fax.
(RAVI R TRIPATHI, J.) sompura Top