(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the convict through jail seeking temporary bail for a period of 45 days so as to undertake agricultural operation.
Rule.
Mr.Patel, learned APP waives service of rule on behalf of respondent-State.
Learned APP invited attention of the Court to the jail remarks and submitted that co-convict, Nagji Fulaji, is already ordered to be released on temporary bail for a period of 30 days. He submitted that as recent temporary bail is not that urgent in the event, the Court is inclined to grant the same that may be operative only after co-convict surrenders the jail.
On such inquiry, it was found that the order was passed in the matter of Nagji Fulaji on 11.6.2012, the same is not received by the jail authorities. The Registry is directed to send the communication of order dated 11.6.2012 immediately to the jail authority in that matter preferably by fax.
Taking into consideration the fact that present convict has undergone 3 years, 9 months and 22 days as on 12.6.2012 and enjoyed 1 furlough where from he reported in time.
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.
The convict shall surrender himself to the Jail authorities on expiry of the above temporary bail period. The application is allowed. Rule is made absolute.
This order is to operate after Nagji Fulaji co-convict reports back in jail.
(RAVI R.TRIPATHI, J.) (PARESH UPADHYAY, J.) (ashish) Top