(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the convict through Jail seeking temporary bail for a period of 30 days to enable him to remain present at the time of operation of his wife.
2. RULE.
Mr.L.R. Pujari, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
3. The applicant- appellant- original accused has been convicted for the offences punishable under section 307 of IPC and section 135 of the Bombay Police Act to undergo imprisonment for 10 years with fine of Rs.3500/-, in default to further undergo imprisonment for 1 year and 1 month as awarded vide judgement dated 4th November 2009 by the learned Additional Sessions Judge, Sessions Court, Palanpur in Sessions Case No.60 of 2007.
4. The learned APP has invited attention of the Court to the Jail remarks. The convict has undergone 2 years, 11 months and 26 days in Jail as on 6th June 2012. The convict had enjoyed furlough once and 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.) karim Top