(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the convict through jail seeking temporary bail for a period of 45 days so as to undertake agricultural operations.
2. RULE was issued on 12.06.2012.
3. The learned APP has invited attention of the Court to the jail remarks. The convict has enjoyed furlough leave on two different occasions. He has reported in time. Nothing adverse is reported against the convict, except that there are cases pending against the convict in C.R.No.-I-17/07, Kanbha Police Station and C.R.No.-I-45/07, Sector-7, Gandhinagar Police Station being criminal case no.5313/07 for offences under section 379, 356 and 114 of Indian Penal Code where he was released on bail .
4. The present application is filed in criminal appeal no.491/09, therefore, order is issued with regard to the sentence which is undergone and is challenged in criminal appeal no.491/09.
5. For the contents of the application, the same is allowed. The convict is allowed 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.5000/- (Rupees five thousand only) to the satisfaction of the jail authorities.
6. The convict shall surrender himself to the jail authorities on expiry of the above temporary bail period. The application is allowed. Rule is made absolute.
7. Taking into consideration the fact that there are other cases registered against the convict, it is deemed proper to direct the convict to report at the nearest police station once in a week.
Order accordingly.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) Sunil W. Wagh Top