(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 60 days so as to get partition of the property and to construct his own house.
2. RULE.
Mr.H.K.Patel, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State.
3. Learned APP invited attention of the Court to the jail remarks. The convict is undergoing 7 years imprisonment for offence under Sections 452 and 376 of the Indian Penal Code in Sessions Case No.63 of 2008, wherein he was convicted by judgment and order dated 18.02.2009. By now, he has undergone 4 years, 3 months and 19 days as on 19.05.2012. He has enjoyed one furlough in the month of February 2010, but then he absconded and was lodged back in jail after 9 days after being arrested by the police. Learned APP submitted that in the event, the Court is inclined to grant him temporary bail, the same should be on stricter condition.
4. For the contents of the application, the same 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.
Taking into consideration the fact that when he was on furlough, he absconded, it is provided that he should report to the nearest Police Station on every Monday between 09.00 am to 12.00 noon.
5. The convict shall surrender to the Jail authorities on expiry of the temporary bail period.
6. Rule is made absolute.
(Ravi R.Tripathi, J.) (Paresh Upadhyay, J.) *Shitole Top