1.0 Present application is filed by the convicts through son of convict No. 1 and brother of convict No. 2 seeking Temporary Bail for a period of 30 days on the occasion of marriage of convict No. 2 herein.
2.0 Rule.
Learned Additional Public Prosecutor Mr. Patel waives service of process of Rule.
3.0 Learned Additional Public Prosecutor made available for perusal the Jail Remarks for convict No. 1. The convict No. 1 is undergoing life improvement for the offences punishable under Sections 302, 307, 147, 148, 149, 504, 34, 323, 324 of the Indian Penal Code in Sessions Case No. 119 of 2008. The convict No. 1 has, by now, undergone imprisonment of 03 years, 11 months and 27. He has enjoyed one Temporary Bail in the months of April - May 2012 on the occasion of marriages of his daughter and sister and has reported in jail in time.
3.1 So far as Jail Remarks of convict No. 2 - Ranchhodji Narsinhji is concerned he is also undergoing life imprisonment for the offences punishable under Sections 302, 307, 147, 148, 149, 504, 34, 323, 324 in Sessions Case No. 119 of 2008. He has, by now, undergone imprisonment of 08 months and 26 days. It is his marriage, which is to take place.
3.2 The learned Additional Public Prosecutor submitted that as the convict No. 2 has undergone only eight months and 26 days, stricter conditions may be imposed, in the event the Court is inclined to grant Temporary Bail.
4.0 Taking into consideration the contents of the application, the application is allowed. The convicts are ordered to be released on Temporary Bail for a period of 20 days from the date of their release, on their executing personal bond of Rs.5,000/- (Rupees Five Thousand only) each to the satisfaction of the jail authorities.
4.1 The convict no. 2 is directed to mark his presence at the nearest Police Station once in a week between 9:00 a.m. and 2:00 p.m. 4.2 The convicts shall surrender to the jail authorities on expiry of the Temporary Bail period.
4.3 Rule is made absolute to the aforesaid extent.
[ Ravi R. Tripathi, J. ] hiren Top