(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 30 days so as to undertake agricultural operations.
2. Rule was issued on 29.06.2012 returnable today, i.e. 10.07.2012.
3. Learned APP invited attention of the Court to the jail remarks and submitted that three brothers of the present convict are in jail. The convict is undergoing life imprisonment for offecnes under Sections 302, 143, 148 and 149 of the Indian Penal Code in Sessions Case No.156 of 2010, wherein he was convicted by judgment and order dated 17.12.2011. By now, he has undergone 2 years, 1 month and 5 days as on 19.06.2012. He has not enjoyed any temporary bail. Learned APP submitted that in the event the Court is inclined to release the convict on temporary bail, the same should be on stricter condition.
4. 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 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.
As it is the first release of the convict, it is directed that the convict shall mark his presence to the nearest Police Station on every Monday between 09.00 am to 12.00 noon.
5. The convict shall surrender to the Jail authorities on expiry of the temporary bail period.
6. Rule is made absolute.
(Ravi R.Tripathi, J.) (Paresh Upadhyay, J.) *Shitole Top