Vineet Kothari, V.J. and Narendra Kumar Jain, V.J. - (1.) HEARD learned Counsel for the accused -Appellant and learned public prosecutor for the State.
(2.) THE accused -Appellant, who has been convicted and sentenced for the offence punishable under Sections 302 of IPC and Section 3/25(1 -B)(a) of Arms Act, has applied for temporary bail/suspension of sentence for providing better treatment to his ailing wife, who is suffering from fibroid disease uterus and she has been advised for operation. A photocopy of the certificate issued by the Dr. Jay Lakhtakia, Jr. Specialist, Government Referral Hospital, Rajgarh, District Churu has been filed along with the bail application whereby the Petitioner's wife has been advised for operation/surgery. Learned Counsel for the Petitioner submits that the accused -Appellant may be granted temporary bail for a period of thirty days to attend his ailing wife and for better treatment as his father is an old person. He further submits that earlier also the accused -Appellant was released on temporary bail by this Court vide order dated 06.07.2009 in D.B. Criminal Misc. Temporary Bail Application No. 544/2009 for a period of two weeks and he has surrendered himself timely before the jail authorities.
(3.) LEARNED Public Prosecutor, however, opposed the said request and prayed for dismissal of temporary bail application.;