(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the convict through jail seeking temporary bail for a period of 45 days so as to undertake the repairing of his house.
Rule was issued on 29.6.2012 returnable on 9.7.2012. The Court wanted the State "to verify the genuineness of the grounds and antecedents of the convict." On 11.7.2012, the time was sought and the matter was kept today, i.e. 17.7.2012.
Learned APP Mr. Pujari places on record a communication dated Nil, sent by PSI Maliya. It is stated in the communication that Mansukh Karshan @ Kaba Borichangar, has stated in his application that; convict in his village Jalondar, his residential house has collapsed and for repairing of the said house, he wants temporary bail; and in support of the application, a certificate with regard to his residential house is produced. On enquiry, it is found that one Mohan Ranchhod Mehta of village Jalondar has purchased the said house from the present applicant (convict) about four years back, and at present there is no house in village Jalondar in the name of applicant (convict). Besides, nobody from the family of the applicant is residing in village Jalondar, and all of them are residing at village Dhari of district Amreli, and they are cultivating land on crop share basis, but exact address is not known.
In light of this, it is deemed proper that not only this application be rejected, but the police authorities be directed to enquire into the matter of issuing certificate by the Talati-cum-Mantri, Jalondar Gram Panchayat. If such certificate is found to be incorrect, necessary proceedings be initiated against the signatory i.e. Talati-cum-Mantri of Jalondar Gram Panchayat. Order accordingly. Besides, the Registry is directed to send a copy of this order along with the copy of the communication received from PSI, Maliya, to the Jail authorities, for keeping it in the history sheet of the convict. It is further directed that the jail authorities shall bring the said fact to the notice of the Court whenever the convict makes an application for grant of temporary bail to the Court. The present application is rejected. Rule is discharged.
A copy of this order be made available to learned APP for taking necessary follow up action. The Police authorities shall place on record of this case the action taken report in the matter.
[RAVI R. TRIPATHI, J.] [PARESH UPADHYAY, J.] mandora/ Top