(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the convict through his wife seeking temporary bail for a period of 30 days so as to arrange for the admission of his son in 11th standard as his son has passed 10th standard examination with 97.92 percentile rank.
2. RULE.
Mr. L. R. Poojari, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
3. The learned APP pleads no instructions in the matter. When it is inquired from the learned APP as to who is at fault for not receiving the instructions though a copy of the application was served to the office of the learned PP on 11.06.2012 at 3 p.m., learned APP states that he does not find endorsement in his papers about communication being sent to jail authorities for sending remarks.
4. Not obtaining remarks from the jail authorities for one week is unpardonable more particularly when it is on account of lethargy on the part of office of PP.
5. For the contents of the application which are not controverted by the learned APP, the same is allowed. The convict is allowed to be released on temporary bail for a period of 20 (twenty) 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. Direct Service is permitted.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) Sunil W. Wagh Top