(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the convict through jail seeking temporary bail for a period of 90 days so as to undertake agricultural operations.
2. Learned APP MR. H. K. Patel invited attention of this Court to jail remarks. The convict is undergoing seven years imprisonment for offences punishable under sections 395 and 397 of Indian Penal Code in Sessions Case No.27 of 2009 wherein he was convicted by Judgment and Order dated 02.08.2010.
3. As on 06.07.2012, the convict has undergone imprisonment for one year, eleven months and thirteen days. The convict has enjoyed 2 temporary bail on two different occasions and has enjoyed furlough on 4 different occasions. He has reported in time. Nothing adverse is noticed from the convict's jail remarks.
4. The jail remarks are not showing the correct position in as much as the co-convict YasinKhan Rasulkhan was on temporary bail on the day these jail remarks are prepared i.e. on 06.07.2012. The jail authority shall be careful in future in preparing and presenting before the Court, the jail remarks.
5. Taking into consideration the aforesaid facts, no case is made out to grant temporary bail and hence the application is rejected.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) Sunil W. Wagh Top