1.0 Present application is filed by the convict seeking Temporary Bail for a period of one month as the convict is suffering from urinary track infection and though he has taken treatment from the jail dispensary, there is no improvement.
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. The convict is undergoing life imprisonment in Sessions Case No. 50 of 1997 with Sessions Case No. 205 of 1997 (Sic. 258 of 1997). The Jail Remarks show that he is also convicted in Session Case No. 99 of 1998 for offences punishable under Sections 364A, 120B, 346 etc. and awarded life imprisonment. The convict has, by now, undergone imprisonment of 13 years, 08 months and 10 days. He has enjoyed furlough on three different occasions and twice he remained absconded and lodged back in jail only by police. But that had happened in the year 2009. After 2009, he is not released from the jail. The learned Additional Public Prosecutor, therefore, submitted that, if the Court considers the application, some strict condition may be imposed.
4.0 Taking into consideration 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) with one surety of the like amount to the satisfaction of the jail authorities.
4.1 The convict is directed to mark his presence at the nearest Police Station on every alternate day between 9:00 a.m. and 2:00 p.m.
4.2 The convict shall not leave the limits of Surat without intimating to the nearest Police Station.
4.3 The convict shall surrender to the jail authorities on expiry of the Temporary Bail period.
4.4 Rule is made absolute to the aforesaid extent.
[ Ravi R. Tripathi, J. ] hiren Top