(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the convict-Nagin Chhitabhai Tadavi, through Jail seeking temporary bail for a reasonable period as he wants to execute sale deed of his land for which he has already entered into an agreement to sell, a copy of which is enclosed with the application.
2. Notice was issued on 17.01.2012 returnable on 20.01.2012. The matter was then adjourned for today.
3. RULE.
Mr.Kodekar, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
4. The learned APP, Mr.Kodekar makes available for perusal fax message/ E-Mail bearing No.141 from the Superintendent of Police, Narmada. The report is as usual expressing apprehension of breach of peace. The report is accompanied by two statements; one of Arunbhai Chandubhai and another of Chhayaben, widow of Bachubhai Chandubhai Tadavi.
The report does not mention about either non existence of Banakat or non existence of the cause for which temporary bail is sought for.
The learned APP also made available for perusal Jail remarks. The applicant- appellant- original accused has been convicted for the offences punishable under sections 302, 323, 504, 143, 147, 148 and 149 of the Indian Penal Code to undergo imprisonment for life with fine of Rs.10,000/-, in default to further undergo imprisonment for 6 months, as awarded vide judgement and order dated 15.11.2006 by the learned Additional Sessions Judge, Rajpipla in Sessions Case No.14 of 2006.
5. The learned APP has invited attention of the Court to the Jail remarks. Nothing adverse is noticed from the convict's Jail remarks. The convict has undergone 5 years, 9 months and 6 days as on 07.01.2012. During this period the convict had enjoyed temporary bail on five different occasions and two furloughs. The last temporary bail was availed by him in the month of May - June 2011 on the occasion of marriage of his daughter. If on these 7 occasions no breach of peace has taken place the apprehension expressed by the Police authorities is not found to be substantive.
6. In view of the above the applicant- convict is ordered to be released on temporary bail for three weeks 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 present application is allowed. Rule is made absolute. This order be communicated to the Jail authorities by fax.
(RAVI R. TRIPATHI, J.) (G.B.
SHAH, J.) karim Top