1.0 Pursuant to order dated 17th May 2012, an Affidavit, sworn by Shri RJ Pargi, Jail Superintendent, Ahmedabad Central Jail is filed explaining the occurrence of events in which the convict is able to procure the Death Certificate of his father on 15th May 2012 though the death had occurred on 14th May 2012. The affidavit is accompanied by the contemporary documentary record justifying the contents of the affidavit. The same is taken on record.
2.0 Rule.
Learned Additional Public Prosecutor Mr. Patel waives service of process of Rule.
3.0 Learned Additional Public Prosecutor made available for perusal the Jail Remarks. The convict is undergoing 10 years' imprisonment for offences punishable under Sections 323, 342, 354, 363, 366, 376 r/w. 152 of the IPC in Sessions Case No. 46 of 2007. The convict has, by now, undergone imprisonment of 05 years, 06 months and 29 days. He has enjoyed Temporary Bail once and furlough on two occasions and every time, he reported in jail in time.
4.0 Taking into consideration the contents of the application, the application is allowed. The applicant - convict is ordered to be released on Temporary Bail for a period of 20 days from the date of his release, on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand only) with one surety of the like amount to the satisfaction of the jail authorities.
4.1 The convict shall surrender to the jail authorities on expiry of the Temporary Bail period.
4.2 Rule is made absolute to the aforesaid extent.
[ Ravi R. Tripathi, J. ] hiren Top