(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Rule was issued on 09.05.2012 returnable today, i.e. 12.06.2012.
2. Learned APP invited attention of the Court to the jail remarks. The convict is undergoing life imprisonment for an offence under Section 376 of the Indian Penal Code in Sessions Case No.9 of 2008, wherein he was convicted on 14.05.2009. By now, he has undergone 5 years, 3 months and 16 days as on 05.05.2012. He has once enjoyed temporary bail. He has also enjoyed two furloughs. Every time, he has reported in time. Nothing adverse is noted in the jail remarks.
2.1 Learned APP submitted that the statement of the Talati-cum-Mantri of village Kesaradi, Tal. Bavla, Dist. Ahmedabad was recorded and he has stated that the factum of the death of the father of the convict - Shri Gelabhai Patel is correct.
3. For the contents of the application, the same is allowed. The applicant-convict is ordered to be released on temporary bail for a period of 21 days from the date of his release, on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only) to the satisfaction of the Jail authorities.
4. The applicant-convict shall surrender to the Jail authorities on expiry of the temporary bail period.
5. Rule is made absolute.
(Ravi R.Tripathi, J.) (Paresh Upadhyay, J.) *Shitole Top