JUDGMENT V B MAYANI, J. 1. Rule returnable forthwith. Mr. H. S. Soni, learned Additional Public Prosecutor has waived service of Rule. 2. This application is filed by the applicant, under trial prisoner of Criminal Case No.I-224 of 2008 for the offence punishable under Sections 307, 114 of the Indian Penal Code and Section 25(1)(a), 29(a) of the Arms Act and Section 135 of the Bombay Police Act for temporary release for a period of thirty days on the ground of engagement of his son which is scheduled on 06/01/2019. 3. Heard learned advocate for the applicant and learned APP for the respondent-State. 4. The Court has directed learned APP for verification of the occasion mentioned in the application. 5. Learned APP has verified and confirmed the fact of the occasion. However, learned APP has submitted that when the under trial prisoner was released, he surrendered before the jail authority late on many occasions and, therefore, some strict conditions including deposit of some amount before this Court be imposed. 6. I have gone through the application and the details/ reasons mentioned in the application. I have also considered the jail remarks. 7. Having regard to the reason for which temporary bail is requested for and upon considering the jail record and remarks, I am convinced that the application request deserves to be granted partly. I, therefore, order that:- 8. The under trial prisoner be released on temporary bail/ from 05/01/2019 to 09/01/2019 with a condition precedent that the under trial prisoner shall deposit Rs.10,000/- before the Nazir Department of this Court and after deposit of the said amount, the under trial prisoner be released on usual terms and conditions and on his executing furnishing personal bond to the satisfaction of jail authority in the sum of Rs.5,000/- (Rupees Five Thousand only) and also on the condition that the under trial prisoner shall: [a] not take undue advantage of or abuse the liberty. [b] not act in manner injurious to the interest of the prosecution. [c] not, in any manner, tamper with the evidence and/or induce or influence any witness or complainant or any person connected with the case or acquainted with the facts of case and shall maintain law and order and shall furnish his address. [d] if he is holding passport and if he has not surrendered the passport, he shall surrender the passport.
[d] if he is holding passport and if he has not surrendered the passport, he shall surrender the passport. [e] mark his presence at the concerned Police Station on alternative day between 11:00 a.m. to 2:00 p.m. 9. The under trial prisoner shall surrender before the jail authority on or before the expiry of the temporary bail period, without fail. 10. Accordingly the application is partly allowed. Rule is made absolute to the aforesaid extent. 11. If the under trial prisoner surrender before the jail authority in time, then amount deposited before this Court shall be returned to the applicant, under trial prisoner and if dose not surrender in time, then the amount deposited before this Court shall be confiscated. 12. Direct service today is permitted.