(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the convict through Jail praying for either early hearing of the appeal or granting of bail so as to see that he is with his family which is shattered according to the convict.
2. RULE.
Learned Additional Public Prosecutor, Mr.H.K. Patel waives service of rule.
3. The learned APP invited attention of the Court to the Jail remarks. He has been convicted for life imprisonment under section 302 of IPC in Sessions Cases No.49 of 2006 and 66 of 2006 as awarded by the learned Additional Sessions Judge, Fast Track Court No.1, Surendranagar vide judgment and order dated 31st July 2007. He has undergone 5 years, 10 months and 17 days in Jail as on 1st June 2012. He had enjoyed two furloughs in January 2011 and February 2012.
4. Taking into consideration the fact that the application is filed through Jail the Court has, suo motu, considered the matter for grant of temporary bail. By virtue of the fact that no adverse remark is found against the convict in Jail record the convict is ordered to be released on temporary bail for a period of 20 (twenty) 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.
5. In the meantime, the Registry is directed to verify the papers of appeal and if the appeal is ready, the same be placed for final hearing on Board.
6. This order is passed in view of the peculiar facts and circumstances of the case, such as, the convict has never enjoyed any temporary bail in the matter.
7. The convict shall surrender himself to the Jail authorities on expiry of the above temporary bail period. The application is allowed. The application is disposed of in the aforesaid terms. Rule is made absolute.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) karim Top