(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the convict through his wife who is present before the Court as party-in-person. The application is filed praying for temporary bail for a period of 60 days so as to undertake agricultural operations .
2. RULE.
Mr. L. R. Poojari, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State.
3. Learned APP made available for perusal the jail remarks. The convict is undergoing life imprisonment for offence under Section 302 of the Indian Penal Code in Sessions Case No.82 of 2006, wherein he was convicted by judgment and order dated 15.09.2008.
4. As on 16.07.2012, the convict has undergone four years, eight months and fourteen days. Learned APP submitted that he was granted temporary bail in the month of May, 2009 for a period of four days on the occasion of marriage of his sisters daughter. He absconded and was lodged back in jail after 417 days only after arrested by the Police. Last he was out on temporary bail in the month of May, 2012 for a period of seven days on the occasion of marriage of his niece. Apart from the aforesaid incident, nothing major mis-conduct is reported against the convict.
5. For the contents of the application, the same is allowed. The convict is ordered to be released on temporary bail for a period of 30 (thirty) days from the date of his release, on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only) to the satisfaction of the Jail authorities.
6. The convict shall surrender to the Jail authorities on expiry of the temporary bail period.
7. Rule is made absolute.
8. The Registry is directed to communicate this Order by fax to the jail authorities.
(Ravi R.Tripathi, J.) (Paresh Upadhyay, J.) Sunil W.
Wagh Top