(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the convict through his mother who is present before the Court.
The applicant has prayed for temporary bail for a period of 45 days so as to enable the convict to remain present in the last rituals of his deceased father as that of 'Asthi Visarjan' at Haridwar. It is mentioned in the application that at the time of said demise of his father, he applied for temporary bail which was granted by this Court with police escort but due to weak financial condition, the convict could not avail that leave with police japta.
Rule.
Learned APP, Mr.Pujari, waives service of rule on behalf of respondent-State.
Learned APP has invited attention of the Court to the jail remarks.
The convict is undergoing life imprisonment for offence punishable under Sections 302, 149, 323, 147, 148 and 506 of Indian Penal Code in Sessions Case No.155 of 2006; wherein, he was convicted by judgment and order dated 5.4.2007. By now, he has undergone 5 years, 10 months and 19 days as on 13.6.2012.
Learned APP vehemently submitted that when the convict was released on furlough in the year 2007, he absconded for 606 days. He has lodged back in the jail only after he was arrested by the police. In the application it is mentioned that the convict had to abscond only because of poor financial condition of the family and he wanted to arrange for livelihood of the family.
Taking into consideration the contents of the application and the jail remarks, the Court is of the opinion that he may be granted temporary bail but may be asked to report at the nearest police station once in a week.
For the contents of the application, the application is allowed. The convict is ordered to be released on temporary bail for a period of 30 days from the date of his release on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only) to the satisfaction of the Jail authorities. He is directed to report at the nearest police station on every Monday between 9.00 a.m. to 12.00 p.m. 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.) (ashish) Top