(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the convict, through his mother-Darshan Kaur Amarjitsingh Jatt Sikh, praying for temporary bail for a period of six weeks for undertaking repairs of his house. In support of the application xerox copies of photographs of the house are produced and the original photographs are made available for perusal by the learned advocate.
2. RULE.
Mr.L.R. Pujari, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
3. The applicant- appellant- original accused has been convicted for the offences punishable under sections 302-34, 397-34, 342-34, and 120-B of the IPC and section 135 of the Bombay Police Act to undergo imprisonment for life with fine of Rs.5200/-, in default to further undergo imprisonment for 1 year, 3 months and 8 days as awarded vide judgement dated 27th December 2010 by the learned Additional Sessions Judge, Fast Track Court No.2, Jamnagar in Sessions Case No.70 of 2008.
4. The learned APP has invited attention of the Court to the Jail remarks. The convict has undergone 4 years, 2 months and 4 days in Jail as on 13th June 2012. The convict has not enjoyed any temporary bail. So far as furlough is concerned he is not entitled to it inasmuch as he is convicted under section 397 of the IPC. The learned APP submitted that in the event the Court grants the convict temporary bail the Court may impose suitable conditions so as to ensure his surrender to the Jail authorities on expiry of the period of temporary bail. The learned advocate submitted that mother of the convict, viz. the applicant before this Court is personally present in the Court and she assures this Court that she will see that his son reports back to the Jail authorities on expiry of the period of temporary bail.
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.10,000/- (Rupees ten thousand only) to the satisfaction of the Jail authorities. As it is the first release, the convict is directed to report once a week at the nearest Police Station.
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. Direct service is permitted.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) karim Top