(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) Learned APP was to verify the contents of the application.
Mr.Patel learned APP made available for perusal communication dated 12.7.2012.
So far as the ground for seeking temporary bail that is of repairing of house is not stated to be incorrect. What is stated in the communication is that the presence of the convict is not required. Beside that, it is mentioned that the complainant - wife of the deceased is residing in the vicinity and therefore, there is a possibility of breach of peace.
Learned APP has made available for perusal jail remarks.
On perusal of the jail remarks, the convict is undergoing life imprisonment for offence under Sections 302, 149, 147, 148, 323 and 506 of Indian Penal Code in Sessions Case No.156 of 2006. He was convicted by judgment and order dated 5.4.2007.
As on 25.6.2012, convict has undergone 6 years and 10 days.
The only adverse factor which is revealed in the jail remarks is that when he was granted first furlough in the year 2007 (31.8.2007 to 13.9.2007), he absconded for 360 days and was lodged back in jail only after he was arrested by the police on 8.9.2008. It is stated in the communication that his father, Gangaram Haribhai Marwadi aged 75 years is residing at the address mentioned therein (Vanzara Vas, Opp. Chandramauli Society, Ramapirno Tekro, Nava Vadaj, Ahmedabad). Not only that his two brothers are also residing in the vicinity.
Taking into consideration the fact that it is mentioned in the communication that the ground is not found to be incorrect, the application deserves consideration.
Hence, Rule. Learned APP, Mr.Patel, waives service of rule on behalf of respondent-State.
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.
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.
Taking into consideration the fact that he had absconded earlier for 360 days, it is deemed proper that in addition to usual terms and conditions, he shall mark his presence every week at the nearest police station.
(RAVI R.TRIPATHI, J.) (PARESH UPADHYAY, J.) (ashish) Top