(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The matter was mentioned in the morning for urgent circulation today by wife of the convict-Zubedaben Bababhai Sandhi. She had com to the Court with an application typed in vernacular (Gujarati). She informed the Court that the application is prepared at Amreli and she has come directly from there. She further stated that she has three children and all three are deaf-and-dumb.
She was directed to go to the High Court Legal Aid Committee, which in turn assigned the matter to learned Advocate Mr.H.C.Dattani, who has prepared the application with utmost speed and presented the same before this Court.
A copy of the application was given to learned APP Mr.Pujari, who in turn, with utmost speed at his command, has procured the jail remarks and produced for our perusal.
2. The present application is filed by the wife of the convict seeking temporary bail for a period of 30 days for undertaking agricultural operations.
3. RULE.
Mr.L.R.Pujari, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State.
4. Learned APP invited attention of the Court to the jail remarks. The convict is undergoing life imprisonment for offences under Sections 302, 307, 504 and 506 of the Indian Penal Code in Sessions Case No.200 of 2001. He was convicted by judgment and order dated 19.12.2006. By now, he has undergone 5 years, 7 months and 28 days. Last he was out on temporary bail granted by this Court in the month of May 2011 for agricultural operations. In this application also, temporary bail is prayed for the same purpose, as the children of the convict and the applicants will not be able to undrtake agricultural operations.
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 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.
6. The convict shall surrender to the Jail authorities on expiry of the temporary bail period.
7. Rule is made absolute.
Registry is directed to communicate this order by fax to the jail authorities.
(Ravi R.Tripathi, J.) (Paresh Upadhyay, J.) *Shitole Top