(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 15 days so as to be with the family at the time of 'Dasha-Ma Na Vrat'.
2. RULE.
Mr. H. K. Patel, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
3. The learned APP has invited attention of the Court to the jail remarks. The convict is undergoing seven years imprisonment for an offence punishable under sections 304 (Part-II) and 114 of Indian Penal Code in Sessions Case No.84 of 2007, wherein he has been convicted by judgment and order dated 12.11.2008.
4. As on 06.07.2012, the convict has undergone imprisonment for four years, nine months and nine days. Besides that his two other co-convict's have served out the sentence. The convict has enjoyed two temporary bail on two different occasions and has enjoyed two furlough's. He has reported in time. Nothing adverse is noticed from the convict's jail remarks.
5. For the contents of the application, the same is allowed. The convict is ordered to be released on temporary bail for a period of 15 (fifteen) days from the date of his release on his executing a personal bond of Rs.5000/- (Rupees five thousand only) to the satisfaction of the jail authorities.
6. 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.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) Sunil W. Wagh Top