(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the mother of the convict praying for temporary bail for a period of 30 days so as to see that the convict remains present at the time of engagement of his sister named Maltiben on 18.06.2012. Deviben the mother of the convict was asked to produce the details of the boy with whom the engagement is to take place wherein it is mentioned that Rameshbhai Nathabhai Marwadi is the boy with whom the engagement is to take place and his father's name is Nathabhai Gangaram Marwadi and there are other four family members whose name is mentioned.
2. RULE.
Mr. L. R. Poojari, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
3. The learned APP has invited attention of the Court to the jail remarks. The convict is undergoing life imprisonment for an offence punishable under section 302, 149, 143, 142, 148 and 323 of Indian Penal Code in Sessions Case No.155 of 2006 and Sessions Case No.156 of 2006, wherein he has been convicted by judgment and order dated 05.04.2007.
4. As on 15.06.2012, the convict has undergone imprisonment for four years, seven months and nine days in Jail. Learned APP states that when the convict was released on first furlough in the month of October-2008, he remained absconded for 591 (Five Hundred Ninety One) days and was lodged back in jail only after he was arrested by the police. The learned APP submitted that if the Court is inclined to release the convict on temporary bail, it must be on stricter conditions.
5. Looking to the past record and taking into consideration the fact that he was in jail since 28.05.2010, after he was lodged back in jail by police and taking into consideration the grounds mentioned in the application, the same is allowed. The convict is allowed to be released on temporary bail for a period of 15 (fifteen) 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.
6. He is directed to mark his presence at the nearest police station on every alternate day between 9 a.m. to 12 p.m.
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.
8. Registry is directed to communicate this order by fax to the jail authorities.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) Sunil W. Wagh Top