1. The present application is filed by applicant convict through his wife seeking temporary bail for a period of 60 days so as to undertake the levelling work of the agricultural land and to carry out other necessary work so as to undertake the cultivation.
2. RULE.
Learned APP Mr. Patel waives service of rule on behalf of respondent
- State.
3. The party in person is present before this Court and when she confronted of the fact that in the month of July, 2011, temporary bail was granted for 30 days for undertaking monsoon crops. She states that at that time, on account of her illness, the cultivation of monsoon crops could not be undertaken and the convict has surrendered in time before the jail authority. The party in person further states that if the convict is released on bail, he will be able to arrange for the loan on the basis of agriculture land, which will be possible only when her husband is out of jail.
4. Taking into consideration the fact that when the party in person is appearing, the formal amendment to the application is not necessary and her oral submissions are taken into consideration and the application is entertained for the grounds mentioned by her in her oral submissions.
5. The learned APP made available for perusal the jail remarks. The convict is in jail after being punished for offence under Sections 302 and 149 of the Indian Penal Code, with life imprisonment, in Sessions Case No.54 of 2007 vide order dated 31.03.2011. He is in jail for four years, eight months and five days. He has enjoyed one time temporary bail and two times furlough leave. He has not enjoyed any parole leave.
4. Taking into consideration the jail remarks, there is nothing adverse recorded. Hence, application is allowed. The applicant is, therefore, ordered to be released on temporary bail for a period of 45 (Forty Five) DAYS from the date of his release on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only) before the Jail Authorities on certain conditions that he shall;
a) not leave the State of Gujarat.
b) not indulge in any illegal activity.
c) surrender before the Jail Authorities in time.
5. Rule is made absolute.
6. Registry is directed to communicate this order to the Jail Authority concerned, forthwith.
(Ravi R. Tripathi, J.) #MH Dave Top