(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the convict through Jail seeking temporary bail for a period of 60 days so as to get his right eye operated.
2. RULE.
Mr.H.K. Patel, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
3. The learned APP placed on record certificate dated 20th July 2012 issued by the Medical Officer, Central Jail Dispensary, Ahmedabad Central Jail.
4. The applicant- appellant- original accused has been convicted for the offences punishable under sections 302 and 323 of the Indian Penal Code to undergo imprisonment for life with fine of Rs.6000/- in default to further undergo imprisonment for 7 months as awarded vide judgement dated 25th March 2008 by the learned Judge, Fast Track Court No.4, Gandhidham in Sessions Case No. 29 of 2005.
5. The learned APP has invited attention of the Court to the Jail remarks and also to the application wherein it is mentioned that the convict got his left eye operated on 28th May 2011 and certificate also shows that his left eye vision is 6/12 with glasses, whereas his vision in right eye - counting fingers 4 meters. The convict has undergone 7 years, 1 month and 4 days in Jail as on 27th June 2012. The convict had enjoyed temporary bail once and furlough once. He has reported in time. 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 30 (thirty) 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