Judgment 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 be suffering untold misery and deprivation, without any fault on their own part. Therefore, Ld. APP was requested to take instructions from the Welfare Officer from the jail as to what help can be extended to the family of the convict. It was submitted on instructions of the Social Welfare Officers appointed in Central Jail at Ahmedabad and Vadodara that as a part of welfare of the prisoner, his family could be helped as far as possible through the local Social Defence Officers, appointed at almost all district places. It was further submitted that the family of the prisoner may be entitled to various social security and welfare schemes launched by the Government, particularly for ensuring education and nutrition of the young children. However, it was necessary to inform and request the Social Defence Officers concerned in the respective districts to locate the family of the prisoner and see to it that the family members are provided with the benefits of such schemes as far as they are eligible and entitled to the benefit of such social welfare measures. ( 4. ) IT was, therefore, submitted by Ld.
( 4. ) IT was, therefore, submitted by Ld. APP that necessary instructions shall be issued by the jail authorities for helping the family members of the prisoners, as far as practicable by communicating with the Social Defence Officers concerned in various districts and the matter shall be duly pursued by the Welfare Officers in jail so as to see and ensure that some relief really reaches the poor and hapless family members of the prisoners. IT was fairly stated by Ld. APP that it should not be necessary for every prisoner to make application to this Court or make prayer for temporary bail in order to secure special assistance and service of the Welfare Officer of the prison, but the prisoner would be allowed to directly approach the Welfare Officers concerned and the Welfare Officers would take measures on their own for helping the family of the prisoners as far as it is feasible. Recording the above submissions and observations, the application is dismissed at this stage and the Criminal Appeal No. 932/2006 along with Criminal Appeal No. 2362/2006 is ordered to be listed for final hearing on 15/11/2011. It can be hoped that necessary instructions in terms of the submission recorded hereinabove shall be circulated to all the jail authorities in the State, along with a copy of this judgment. Copy of this judgment shall be given to Ld. APP for necessary action.