(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by brother of the convict praying for temporary bail for a period of 45 days so as to arrange for admission of the convict's son in higher class as he has passed Standard-X Examination and to make arrangement for payment of fee.
2. RULE.
Mr.H.K. Patel, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
3. The brother of the applicant- appellant- original accused has been convicted for the offences punishable under sections 498(A) and 307 of the Indian Penal Code to undergo imprisonment for 10 years and fine of Rs.6000/-, in default to further undergo imprisonment for 6 months as awarded vide judgement dated 1st February 2012 by the learned Additional Sessions Judge, Sessions Court, Deesa, Camp Deodar in Sessions Case No.181 of 2005.
4. The learned APP has invited attention of the Court to the Jail remarks. The convict has undergone 6 months and 20 days in Jail as on 15th June 2012. The convict had enjoyed temporary bail once in April 2012 and has reported in time. Nothing adverse is noticed from the convict's Jail remarks.
5. Taking into consideration the fact that the convict's son-Vipulkumar has passed Standard-X Examination and a photo copy of the Statement of Marks cum Certificate is produced at Annexure 'B' along with School Leaving Certificate, the application is allowed. The convict is ordered to be released on temporary bail for a period of 15 (fifteen) 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. Direct service is permitted.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) karim Top