(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the convict through Jail seeking temporary bail for a period of 30 days so as to undertake agricultural operations.
2. RULE.
Ms.Hansa Punani, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
3. The applicant- appellant- original accused has been convicted for the offences punishable under sections 302, 324, 323, 149, 148 and 147 of the Indian Penal Code to undergo imprisonment for life with fine of Rs.5000/-, in default to further undergo imprisonment for 10 months, as awarded vide judgement dated 29th January 2010, by the learned Additional Sessions Judge, Sessions Court, Bharuch, in Sessions Case No.1 of 2008.
4. The learned APP has invited attention of the Court to the Jail remarks. The convict has undergone 4 years, 6 months and 13 days as on 16th June 2011. The convict had enjoyed temporary bail for a period of 45 days during February - April 2011 for the purpose of house repairing and has reported in time. He had also enjoyed first furlough in the month of July 2010 and has reported in time.
5. For the contents of the application, the same is allowed. The convict is ordered to be released on temporary bail for a period of 25 (twenty five) 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.
As co-convict of the present applicant- appellant, namely, Ranchod Pahadsing Gohil, is ordered to be released on temporary bail for a period of 25 days vide order dated 9th July 2012 in Criminal Misc. Application No.9066 of 2012, the present order to operate only after the aforesaid co-convict reports back to the Jail authorities.
6. The present applicant- convict shall surrender himself to the Jail authorities on expiry of the above temporary bail period. The application is allowed.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) karim Top