(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the convict through his wife praying for temporary bail for a period of 45 days so as to take care of his wife who is running 7th month of pregnancy.
The wife of the convict is present before the Court and states that her father in-law is blind and certificate to that effect is also annexed along with the application. Beside that, she has two children one son and one daughter. The son is 7 years and is required to be now admitted at the place of her parents for his further education.
Rule.
Learned APP, Mr.Patel, waives service of rule on behalf of respondent-State.
Learned APP has invited attention of the Court to the jail remarks.
The convict is undergoing life imprisonment for offence under Sections 302, 149, 147 and 148 of Indian Penal Code in Sessions Case No.72 of 2009; wherein, he was convicted by judgment and order dated 16.8.2012. By now, he has undergone 2 years, 7 months and 17 days as on 15.6.2012. During this time, he has enjoyed temporary bail on 4 different occasions and has enjoyed furlough leave once. Every time, he reported in time. Last he was released in the month of April-May, 2012 in connection with the pregnancy of his wife.
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.
Direct service is permitted.
(RAVI R.TRIPATHI, J.) (PARESH UPADHYAY, J.) (ashish) Top