ORDER : ABHILASHA KUMARI, J. 1. Rule. Mr. J.K Shah, learned Additional Public Prosecutor, waives service of notice of Rule for the respondents. 2. This application under Section 389(1) of the Code of Criminal Procedure, 1973, has been preferred by the applicant-convict, through Smt. Gauriben Kishanbhai Vaghela, his neighbour, with a prayer to release him on temporary bail for a period of thirty days in order to repair his house which is waterlogged and the one wall of which is damaged. The photographs of the damages and waterlogged house have been produced on record. 3. The applicant is undergoing life imprisonment in connection with offences punishable under Sections 302 read with Section 149, 396, 397, 398, 201, 449, 435, 436, 452, 147, 148, 295, 153(A)(1)(a)(b), 427, 332, 337, 143, 186, 447 and 188 of the Indian Penal Code, 1860 and under Section 135(1) of the Gujarat Police Act, 1951. 4. We have perused the averments made in the application as well as the Jail record pertaining to the applicant, which indicates that his conduct in Jail is not good. The reason for this appears to be the tendency of the applicant to surrender late and remain absconding on the previous occasions when he was released on temporary bail. On one occasion, the applicant absconded for eight days and on another for twenty days, though he came to the Jail himself. Even when the applicant was released on Parole, he has surrendered late by two days on one occasion. 5. It is stated in the application that the applicant is an unmarried person. His father passed away on 27.11.2004 and mother died on 15.02.2014 The house of the applicant is locked. There is water logging near the house and one wall is in a damaged condition. As there is no person in the family to take care of his house, the applicant is desirous of repairing the same, as the condition of the house would further deteriorate during the monsoon season. Along with the photographs of the house, the applicant has annexed the Municipality Tax Bill and Electricity Bill showing his ownership of the house. 6. We have perused the averments made in the application and considered the reasons stated therein. Along with the photographs of the house, the applicant has annexed the Municipality Tax Bill and Electricity Bill showing his ownership of the house. 6. We have perused the averments made in the application and considered the reasons stated therein. Though the conduct of the applicant in Jail is stated to be “bad”, however, we notice that the applicant was not released on temporary bail after 12.03.2016, when he remained absconding for twenty days. 7. Looking to the reasons stated in the application, we are inclined to partly grant the prayer made by the applicant. 8. Hence, the following order: The applicant shall be enlarged on temporary bail for a period of ten days from the date of his actual release on furnishing a personal bond of Rs. 5,000/- (Rupees Five Thousand Only) and upon the usual terms and conditions, to the satisfaction of the concerned Jail authority. 9. Upon the expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 10. It is made clear that if the applicant does not abide by the terms and conditions of this order, it may entail a stricter view being taken by the Court hereafter. 11. Smt. Gauriben Kishanbhai Vaghela, the person through whom the present application has been filed, shall ensure that the applicant surrenders on time. 12. The application is partly-allowed, in the above terms. Rule is made absolute, to the aforesaid extent. 13. Direct Service of this order is permitted.