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Judgment
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 so as to get himself treated for glaucoma in right eye and for also pain as contained in brain. On 06.12.2012, learned APP was granted time to get the convict examined and to place report before this Court. Learned APP Ms. Jirga Jhaveri has placed Medical Certificate and Opinion dated 12.12.2012 prepared by Dr. D.C. Mehta, Director/Professor, M. & J. WRI of Opthalmology. The said report opined that,
All the case details were carefully reviewed. There is no opthalmic cause for giddiness and headache in this patient.
The said Medical Certificate has also singed by Dr. M.N. Mansuri, Professor & Head, Unit-VI.
RULE. Learned APP Ms. Jirga Jhaveri waives service of rule on behalf of the respondent-State.
Taking into consideration the facts that the convict is undergoing imprisonment for 10 years under sections 304-1, 149, 449, 149 and 147 of IPC, as awarded vide judgment dated 10.09.2009 in Sessions case No. 160 of 2007 by the learned Additional Sessions Judge, Fast Track Court No. 3, Palanpur, he has undergone 5 years 1 month and 10 days in Jail as on 10.11.2012, during this period he had enjoyed temporary bail twice and furlough twice and has reported in time each time and there is nothing adverse reported against him, the convict is ordered to be released on temporary bail for a period of 30 (thirty) 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. The convict shall surrender himself to the Jail authorities on expiry of the above temporary bail period. Rule is made absolute.