1. The present application is filed by the wife of the convict - Vejiben Devabhai Hun seeking temporary bail for a period of 45 days so as to undertake partition of the agricultural land with his uncle and thereafter to sale the same so as to repay the debts. In support of the application, copy of village form No.7/12, village form No.8A and death certificate of Nathabhai Rukhadbhai Hum is enclosed along with certificate from Shree Vanthll Service Co-op Society Ltd. is enclosed.
2. RULE.
Mr.H.K.Patel, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State.
3. Learned APP made available the jail remarks. The convict is undergoing life imprisonment for an offence under Section 302 in Sessions Case No.87 of 2006. By now, he has undergone 5 years and 7 months and 28 days. He has enjoyed temporary bail on three different occasions. He has also enjoyed two furloughs. Every time he has reported in time. Nothing adverse is noted in the jail remarks.
4. For the contents of the application, the application 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.
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.) *Shitole Top