1.0 Present application is filed by the convict through his mother - Shakuntalaben Parsottambhai Rajput, who is appearing party in person seeking Temporary Bail for a period of 60 days on the ground that the roof of the house has collapsed and repairing is urgently required looking to the ensuing monsoon.
2.0 Rule.
Learned Additional Public Prosecutor Mr. Patel waives service of process of Rule.
3.0 Learned Additional Public Prosecutor made available for perusal the Jail Remarks. The convict is undergoing life imprisonment for the offences punishable under Sections 302, 143, 147, 148, 149, 323, 324 of the Indian Penal Code and Section 135 of the Bombay Police Act in Sessions Case No. 58 of 2009. By now he has undergone 01 year, 06 months and 20 days. He has enjoyed two Temporary Bail, one in the month of November 2011 and another in the month of March 2012. He has also enjoyed Parole on two different occasion, one in the month of March 2011 on the sad demise of his grand mother with Police Japta and another on 29th March 2011 for after death rituals of his grandmother. Every time he has reported in jail in time. Nothing adverse is reported against the convict in the Jail Remarks.
4.0 Taking into consideration 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.
4.1 The convict is directed to mark his presence at the nearest Police Station on every Monday between 9:00 a.m. and 2:00 p.m. 4.2 The convict shall surrender to the jail authorities on expiry of the Temporary Bail period.
4.2 Rule is made absolute to the aforesaid extent.
[ Ravi R. Tripathi, J. ] hiren Top