(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 arrange for admission of his son in M.B.A.
2. RULE.
Ms.Hansa Punani, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
3. The learned APP invited attention of the Court to the Jail remarks, wherein it is mentioned that in the month of June 2012 the convict had enjoyed temporary bail for a period of 14 days for the same purpose, viz. admission of his children.
Papers of Criminal Misc. Application No.7557 of 2012 were called for. On perusal, it is found that earlier it was for seeking admision for his younger son and daughter the convict had sought for temporary bail; younger son having passed Standard-IX was taking admission in Standard-X and daughter having passed Standard-XI was taking admission in Standard-XII. The convict has mentioned his application that he has two sons and one daughter, all of whom are pursuing studies.
4. The applicant- appellant- original accused has been convicted for the offences punishable under sections 302, 324, 323, 147, 148 and 149 of the Indian Penal Code to undergo imprisonment for life with fine of Rs.1200/-, in default to further undergo imprisonment for 7 months as awarded vide judgement dated 29th April 2010 by the learned Additional Sessions Judge, Fast Track Court No.3, Mehsana, Camp Visnagar in Sessions Case No.155 of 2008.
5. The learned APP has invited attention of the Court to the Jail remarks. The convict has undergone 2 years, 1 month and 26 days in Jail as on 2nd July 2012. Nothing adverse is noticed from the convict's Jail remarks.
6. For the contents of the application, the same is allowed. The convict is ordered to be released on temporary bail for a period of 20 (twenty) 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.
7. The convict shall surrender himself to the Jail authorities on expiry of the above temporary bail period. Rule is made absolute.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) karim Top