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Judgment
Dr. A. P. Thaker, J
Heard Mr.Shaikh, learned advocate for the applicant and Ms.Mehta, learned Additional Public Prosecutor for the respondent â€" State through
Video Conferencing.
RULE. Ms.Mehta, learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent â€" State.
Rule is fixed forthwith.
By way of present application, the applicant â€" undertrial prisoner has prayed for extension of temporary bail which was granted by the Coordinate
Bench vide order dated 19.06.2020 passed in Criminal Misc. Application No.8380 of 2020 on the ground of financial assistance to the family and for
making arrangement of advocate fees and the same came to be extended by the Coordinate Bench vide order dated 02.07.2020 passed in Criminal
Misc. Application (for Extension of Temporary Bail) No.1 of 2020 in Criminal Misc. Application No.8380 of 2020.
Learned advocate for the applicant â€" under-trial prisoner has submitted that initially, the under-trial prisoner has sought extension of temporary
bail which came to be extended by the Coordinate Bench for a period of two weeks and accordingly, the under-trial prisoner has to surrender on
17.07.2020. He has submitted that looking to the dilapidated condition of the house of the under-trial prisoner, his presence is required and, therefore,
the temporary bail granted to him may be extended to some extent.
Learned Additional Public Prosecutor for the respondent â€" State has submitted that the under-trial prisoner has not surrendered before the Jail
Authority in time and, therefore, this application may be rejected.
Having considered the submissions made on behalf of learned advocates for both the sides and the assurance given by the learned advocate for the
applicant - under-trial prisoner that the under-trial prisoner shall surrender on 24.07.2020 before the Jail Authority and he may be permitted to file
fresh application if needs arise, in future and at this stage, he seeks permission, under instructions, to withdraw the present application.
In view of the above, the permission to withdraw the application is granted. The period during which the under- trial prisoner has not surrendered
before the Jail Authority i.e. 17.07.2020 to 24.07.2020 is treated to be extended of temporary bail which was granted earlier by two orders of this
Court. At the same time, the applicant is permitted to file a fresh application, if needs arise, in future.
The present application stands disposed of as withdrawn. The under-trial prisoner shall surrender on 24.07.2020 before the Jail Authority without
fail. Rule is discharged.