(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) 1.0 Present application is filed by the applicant - convict through jail seeking Temporary Bail for a period of 30 days on the ground of work of partition of ancestral land. He also wants to make arrangements for studies of his daughter, who has secured 73% in 12th and for his son, who has secured 65% in 10th. The applicant - convict is undergoing life imprisonment in connection with the Sessions Case No. 31 of 2005 for the offence punishable under Section 302 of the IPC.
2.0 Rule.
Learned Additional Public Prosecutor Mr. Kodekar waives service of Rule.
3.0 The applicant - convict has undergone imprisonment of 06 years, 03 months and 20 days as on 11th January 2012. He has enjoyed two Furloughs and on second Furlough, he did not report back in jail and was arrested by the police after 165 days. In the jail remarks it is mentioned that, there were applications made by the brother and father and also by the in-laws against the applicant - convict.
3.1 The applicant - convict is present before the Court and states that late surrender on second Furlough was on account of illness of his father. So far as application of in-laws is concerned, the grievance is redressed and there is a compromise between the parties.
4.0 Taking into consideration the fact that the applicant - convict is not out since 2008 and his presence is required for partition of ancestral land and for making arrangements for the family, the application is allowed. The applicant - convict is ordered to be released on Temporary Bail for a period of 03 weeks 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.
4.1 The applicant - convict shall surrender to the jail authorities on expiry of the Temporary Bail period.
4.2 Taking into consideration the fact that earlier he was absconded, it is provided that the applicant - convict shall report to the nearest Police Station on every 3rd day between 9:00 a.m. to 12:00 p.m. 4.3 Rule is made absolute to the aforesaid extent.
[ Ravi R. Tripathi, J. ] [ G. B. Shah, J. ] hiren Top