(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 15 days so as to open bank account in the name of his mother. It is mentioned in the application that his father is suffering from paralysis and as some amount is required in the postal account, which is required to be deposited in the bank, and therefore, bank account is required to be opened. The matter was on board on 18.5.2012, but the same was adjourned for today, i.e. 12.6.2012 as the opening of the bank account can wait for some time.
2. Rule.
Mr. LR Pujari learned APP waives service of rule on behalf of the respondent-State.
3. The applicant has been convicted for the offences punishable under sections302, 323 of IPC read with section 135 of the Bombay Police Act to undergo imprisonment for life as awarded vide judgment dated 20.5.2010 by the learned Addl. Sessions Judge, Fast Track Court no. 4, Morbi in Sessions Case No. 14/2008.
4. The learned APP has invited attention of the Court to the another Criminal Misc. Application No. 7367/2012 which is filed by Manoj Nanaji Vanand, the real brother of the present applicant-convict, seeking temporary bail for a period of 30 days on the ground that he wants to arrange for the livelihood of the family members and also wants to arrant for residential accommodation.
5. Learned APP has invited attention of the Court to the Jail remarks. Nothing adverse is noticed form the convict's Jail remarks. The convict has undergone 4 years, 3 months and 12 days as on 14.5.2012. The convict has enjoyed one temporary bail in the month of July, 2011 for arranging livelihood for the mother and reported in time. He has also enjoyed one furlough and reported in time.
6. Taking into consideration the contents of the application, the same is allowed. The present applicant-convict is ordered to be released on temporary bail for a period of 15 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.
7. 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.] mandora/ Top