(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The matter was kept today as co-convicts of the present applicant-convict were to report on 22nd, 24th, and 27th June 2012 respectively. Learned Additional Public Prosecutor Mr.L.R. Pujari apprises the Court that co-convict, who was to report on 22.06.2012, namely, Ratansinh Mahadevibhai is granted extension of temporary bail for 30 days. So far as other two co-convicts are concerned, viz. (i) Hajabhai Sakariabhai was to report on 24.06.2012 and he has reported on due date, and (ii) Popatbhai Sakariabhai is to report today.
2. The present application is filed by the convict through Jail seeking temporary bail for a period of 30 days so as to arrange funds for and to undertake engagement of his son and daughter.
3. RULE.
Mr.L.R. Pujari, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
4. The applicant- appellant- original accused has been convicted for the offences punishable under sections 302, 149, 143, 147, 148, 307 and 324 of the Indian Penal Code to undergo imprisonment for life with fine of Rs.3700/-, in default to further undergo imprisonment for 1 year, 2 months and 11 days, as awarded vide judgement dated 27th February 2008 by the learned Additional Sessions Judge, Sessions Court, Bhuj- Kachchh in Sessions Case No.27 of 2002.
5. The learned APP has invited attention of the Court to the Jail remarks. The convict has undergone 10 years, 9 months and 5 days in Jail as on 9th June 2012. The convict had enjoyed temporary bail twice and furlough on five different occasions. On each occasion he has reported in time. Nothing adverse is noticed from the convict's Jail remarks.
6. 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 (thirty) 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.
7. 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.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) karim Top