(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the convict through jail seeking temporary bail for a period of 45 days so as to get his land released from the mortgage.
2. RULE.
Mr. H. K. Patel, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
3. The learned APP has invited attention of the Court to the jail remarks. The convict is undergoing life imprisonment for an offence punishable under sections 302, 498(A) and 504 of Indian Penal Code in Sessions Case No.226 of 2006, wherein he has been convicted by judgment and order dated 01.09.2007.
4. As on 05.07.2012, the convict has undergone imprisonment for five years, six months and twenty-six days. The convict was granted temporary bail for a period of thirty days in the month of May-June, 2012 for the same purpose. It is specifically mentioned that he had made an application for extension of temporary bail, but it was not granted and was rejected on 20.06.2012 and he was asked to make a fresh application for getting the land released from the mortgage.
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 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.
6. The convict shall surrender himself to the jail authorities on expiry of the above temporary bail period. The application is allowed. Rule is made absolute.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) Sunil W. Wagh Top