A.Y Kogje, J.:— RULE. Learned APP Ms. Moxa K Thakkar, waives service of Rule on behalf of the respondent-State.
2. This is an application for temporary bail by the convict under trial in connection with FIR CR. NO. I-54 of 2016 registered with Sayla Police Station for offences under Sections 365, 341, etc,. of the Indian Penal Code. Learned Advocate for the petitioner submits that the wife of the petitioner is suffering with some gynaec problem, as a result of which she is required to be consulted and there is nobody else to take care of her and she is aged about 22 years. She refers to the order of learned Sessions Court by which the application of the petitioner for the temporary bail was rejected. However, she points out that the fact that the wife of the petitioner was suffering from gynaec problem is confirmed by the doctors as is reflected in para. 2 of the judgment.
3. Learned APP submits that the under trial convict has been recently arrested and that his application for bail has not succeeded. She vehemently opposes the above ground for temporary bail.
4. In view of the aforesaid, more particularly, the observation made by the learned Sessions Judge pertaining to the fact of medical condition, the application deserves consideration. The petitioner is ordered to be enlarged on temporary bail for a period of one week from the date of his actual release on his furnishing a bail bond of Rs. 5,000/- to the satisfaction of the jail authority and subject to the following terms and conditions:
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[d] shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
[e] the petitioner may report to the concerned Police Station every alternate days while he is on temporary bail.
5. The application is partly allowed. Rule is made absolute.
6. Direct service is permitted.