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  • Sections 489(a), (b) and (c) and Section 120(B) of the Indian Penal Code
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  • Sections 489(a), (b) and (c) and Section 120(B) of the Indian Penal Code

    Mahendra v. State Of Gujarat

    ORAL ORDER

    (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 30 days so as to make arrangement for the residence of his wife and son and also to arrange for the admission of his son.

    2. RULE. Mr. Kodekar, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State.

    3. Learned APP invited attention of the Court to the jail remarks. The convict is undergoing life imprisonment for offence under Sections 489(a), (b) and (c) and Section 120(B) of the Indian Penal Code in Sessions Case No. 81 of 2005, wherein he was convicted by judgment and order dated 31.12.2007 As on 1.12.2012, the convict has undergone 6 years, 10 months and 21 days.

    3.1 During the year 2009, the convict was granted furlough from 17.1.2009 to 30.1.2009 He was to report back on 31.1.2009 but, he absconded and remained absconding for a period of 187 days and he was lodged back in jail by police on 6.8.2009 Thereafter, he has not gone out of jail.

    4. Learned APP Mr. Kodekar submitted that taking into consideration his history of absconding from furlough leave, in the event the Court is inclined to grant temporary bail it should be on stricter conditions.

    5. Taking into consideration 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 report at the nearest Police Station on every Monday between 09.00 AM and 02.00 PM.

    7. The convict shall surrender to the Jail authorities on expiry of the temporary bail period.

    8. Rule is made absolute.

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    Mahendra v. State Of Gujarat
    (Jan 7, 2013)