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Judgment
A.L. Dave, J.—Rule. Mr. S.S. Patel, learned Addl.P.P. waives service of Rule on behalf of respondent- State.
Heard Ms. Rekha Kapadia, learned advocate for the applicant and Mr. S.S.Patel, learned Addl.P.P. for the respondent - State.
Perused the medical case papers produced by the applicant''s advocate to show that the applicant is admitted to hospital.
We notice that the applicant has been convicted twice for the offences punishable under Sections 376, 394 and 397 of the IPC and under the Arms Act. The convict is also convicted for the offences punishable under Sections 397, 396 of IPC on third occasion. We find that his jail behaviour, though certified to be satisfactory, is not upto to the mark. He has been inflicted with jail punishment for quarreling with co-accused on one occasion and therefore, the prayer for bail of the convict cannot be accepted. However, looking to the condition of his mother, we feel that in order that the mother may have solace of having met the son, if the convict is directed to be taken under police escort to see the mother on 4th May, 2006 for a period of 4 (four) hours, ends of justice would be met.
This application for temporary bail is therefore, rejected with a direction to the respondents to take the convict - Sarfuddin Kamruddin Shaikh to the Civil Hospital to see his mother- Mariyambibi Kamruddin on 4th May, 2006 for a period of 4(Four) hours at the State cost. Rule is discharged. Direct service permitted.