D.H.WAGHELA

( 1. ) RULE. Ld. APP Mr. Pandya waives service.

( 2. ) THE applicant has sought temporary bail for 45 days for repairing his house and helping his family, which is stated to be living in an extremely precarious condition. THE application is supported by certificate of Chairman of the Executive Committee of Taluka Panchayat, Garbada. According to that certificate, young children and wife of the applicant are living at Nandva in an extremely poor condition and their house has also collapsed, while no one else is there to help the family. According to the jail record, applicant has already undergone more than 54 months of imprisonment, but he has absconded for 453 days when he was released on temporary bail for 15 days in the year 2008. His behaviour in jail is stated to be unsatisfactory.

( 3. ) IN the above facts and circumstances and in view of the fact that appeal of the applicant is ripe for hearing and being listed for that purpose, it would not be advisable to release the applicant on temporary bail. At the same time, if the facts stated in the application and in the certificate, as aforesaid, were correct, the young children and wife of the applicant might b