(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 60 days so as to construct new house as his residential house is collapsed.
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 section 302 read with section 114 of Indian Penal Code in Sessions Case No.101 of 2006, wherein he has been convicted by judgment and order dated 21.06.2008.
4. As on 26.06.2012, the convict has undergone imprisonment for five years, ten months and eight days in Jail. He has enjoyed temporary bail on two different occasions and besides that he has enjoyed two furlough's. He has reported in time. Nothing adverse is noticed from the convict's jail remarks.
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