1. Rule. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondent- State of Gujarat.
2. The present application has been filed by the applicant to release him on temporary bail on the ground of sickness of his real brother, who is suffering from mental problem since long. In support of this application, he has produced relevant medical papers which are annexed on record.
3. I have gone through the Jail record of the under- trial prisoner as well as considered the averments made in this application. Jail record shows that when lastly the applicant-convict was released on temporary bail, he had Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue May 03 03:10:18 IST 2016 R/CR.MA/10290/2016 ORDER surrendered in time and his jail record is found to be good.
4. Considering the aforesaid facts and circumstances of the case and looking to the jail record of the under-trial prisoner, I am of the opinion that the application requires consideration and the same is allowed. The convict - under- trial prisoner shall be released on temporary bail for a period of one week from the date of his actual release, on executing personal bond of Rs.5,000/-(Rupees Five Thousand only) with local surety before the Jail authority and on usual terms and conditions. The applicant-convict to mark his presence before the concerned Police Station on alternate day during his temporary release period. The applicant-convict to surrender before Jail Authority on completion of temporary bail, without fail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(P.P.BHATT, J.) Ashish Tripathi Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue May 03 03:10:18 IST 2016