(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the convict through jail seeking temporary bail for a period of 45 days so as to undertake agricultural operation.
Rule.
Learned APP, Mr.Pujari, waives service of rule on behalf of respondent-State.
Learned APP invited attention of the Court to the jail remarks.
The convict is undergoing life imprisonment for offence under Sections 302, 498(A) of the Indian Penal Code. He has enjoyed one temporary bail and one furlough leave. While he was released on temporary bail in the month of May, 2011, he remained absconded for 45 days and was lodged back to the jail after being arrested by the police.
Taking into consideration the fact that he has remained in jail for 4 years, 3 months and 2 days as on 25.5.2012 and taking into consideration that he had remained absconded for 45 days, it is submitted by learned APP that in the event, the Court is inclined to grant the application, it should be on strict condition.
For the contents of the application, the application is allowed. The convict is ordered to be released on temporary bail for a period of 30 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.
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.
In light of the fact that he having remained absconded, he is directed to report once in a week to the nearest police station.
(RAVI R.TRIPATHI, J.) (PARESH UPADHYAY, J.) (ashish) Top