(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the wife of the convict seeking temporary bail for a period of 30 days so as to arrange for admission of his child, after making necessary arrangement of the fees.
Learned Additional Public Prosecutor Mr.H.K.Patel has invited the attention of the Court to the jail remarks.
The convict is undergoing the sentence of life imprisonment for the offences punishable under Section 302 of the Indian Penal Code and under Section 25(1)(B) of the Arms Act passed in Sessions Case Nos.153 of 2009, whereby he was convicted vide judgment and order dated 29.01.2010. As on 14.06.2012, he has undergone imprisonment of 3 years 1 months and 3 days. On perusal of the jail remarks, it is noticed that he has enjoyed temporary bail in the month of March, 2011 for his own treatment and he was arrested on the filing of another case. Thereafter, again in the month of April, 2011 he was granted temporary bail for his own treatment initially for a period of 30 days, which was again extended for 30 days and thereafter extended for 42 days and thereafter extended for 10 days. In the month of December, 2011, the convict was granted temporary bail for his own treatment for a period of 60 days. If the person is keeping so ill-health, he cannot be helpful to his family. This Court is of the opinion that no case is made out. Hence, the application is rejected.
[RAVI R.TRIPATHI, J.] [PARESH UPADHYAY, J.] ..mitesh..
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