1. By order dated 17.05.2012, learned APP was directed to see that the convict is kept present before this Court. The convict is present before this Court.
2. The convict states that if he could be released on personal bond.
3. RULE.
Mr.H.K.Patel, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State.
4. Taking into consideration the fact that it is the first release of the convict and taking into consideration the fact that on various occasions, all his family members have refused to be his surety, the Court is not able to accede to the request made by the convict.
5. However, taking into consideration the fact that the convict is in jail for 5 years, 5 months and 10 days and has never gone out of jail, except once under the orders of this Court in the month of May 2011 when he was granted temporary bail with Police Escort for three days, the Court deems it proper to again direct the authorities to release the convict on temporary bail with Police Escort at the cost of the State.
6. Accordingly, the convict is ordered to be released for three days for 3 (three) days with Police Escort at the cost of the State.
7. The convict shall surrender to the Jail authorities on expiry of the temporary bail period.
8. Rule is made absolute.
9. This exercise is undertaken only with a view to see that the convict is able to trace his father, who is otherwise reported to be untraceable and is able to convince him to be his surety so that the convict can be out of jail for some time. Once he is able to trace his father and his father consents to be his surety, the application of the convict for releasing him on temporary bail or furlough will be considered favourably.
(Ravi R.Tripathi, J.) *Shitole Top