(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Rule was issued on 12.06.2012 returnable to 15.06.2012.
2. RULE.
Mr. H. K. Patel, learned Assistant Public Prosecutor waives service of rule on behalf of the respondent-State.
3. The learned APP makes available for perusal of fax message received from the office of the Superintendent of Police, Dahod, stating therein that the factum of the requirement of admission of children along with their birth certificate is found to be correct. Learned APP has invited attention of the Court to the jail remarks. The convict is undergoing life imprisonment for an offence punishable under section 302 of Indian Penal Code in Sessions Case No.110 of 2010, wherein he was convicted by judgment and order dated 14.09.2011.
4. As on 21.05.2012, the convict has undergone 1 years 10 months and 10 days in Jail. He has not enjoyed any leave so far including that of furlough. Learned APP, therefore, requested that in the event, the Court is inclined to grant temporary bail, the same should be granted on stricter conditions like reporting at the nearest police station on every alternate day and also with the condition that he shall not leave the State of Gujarat without the prior permission of this Court. The request is found reasonable.
5. For the contents of the application, the same is allowed. The convict is allowed to be released on temporary bail for a period of 20 (twenty) days from the date of his release.
6. He is directed to report to the nearest police station on every alternate day between 9 a.m. to 12 p.m. and he is also directed not to leave the State of Gujarat without the prior permission of this Court.
7. 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. Direct Service is permitted.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) Sunil W. Wagh Top