(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the convict through Jail seeking temporary bail for a period of 30 days as wife of the convict is admitted in hospital, viz. Krishna Care & General Hospital, Bhavnagar. Medical certificate, in original, dated 09.03.2015 is annexed to this application, wherein it is set out that, ".. .. She was suffering from high temp., vomiting, severe headache and bodyache. After lab report diagnosis P. Falciperem, malaria + ... (illegible). So she was advised to (get) admitted 3 weeks for medial observation and treatment."
2. The matter requires consideration. RULE. Mr.Himanshu K. Patel, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
3. The learned APP has made available the Jail remarks. The learned advocate has produced a copy of order dated 23.05.2014, passed by one of us (The Hon'ble Mr.Justice R.D. Kothari) granting him temporary bail for a period of 5 days so as to enable him to get his daughter admitted in school. Incidentally, this fact is not mentioned in column 16 of the Jail remarks. The learned APP to get the Jail remarks updated.
4. For the contents of the application, the same is allowed. The convict is ordered to be released on temporary bail for a period of 15 (fifteen) days from the date of his release on his executing a personal bond of Rs.5000/- (Rupees five thousand only) to the satisfaction of the Jail authorities.
5. The convict shall surrender himself to the Jail authorities on expiry of the above temporary bail period. Rule is made absolute. Direct service is permitted.
FURTHER ORDER Learned APP Mr.Himanshu K. Patel produces rectified Jail remarks.
The same are taken on record.