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Judgment
A.Y. Kogje, J
RULE. Learned APP waives service of notice Rule on behalf of the respondent-State.
This application for temporary bail by the wife of the applicant so as to enable the convict to prefer an appeal in civil proceedings being Regular Civil Case No.07 of 2018, which was decided against the convict by the judgment and order dated 07.04.2023 by the Additional Sessions Judge, Jasdan.
The applicant before the Court has submitted that the applicant was kept in dark about the outcome of the Civil Suit which ran against the interest of the convict and the applicant and therefore, filing of an appeal is necessary. It is submitted that the decision was rendered on 07.04.2023 and thereafter, though attempts were made to engage a lawyer, proper lawyer was not available and in the meantime, the applicant was required to surrender on 13.05.2023.
As against this, learned Additional Public Prosecutor has placed on record the jail remarks which indicates that the applicant was previously released and also released recently in the month of April-2023 and that there are other cases pertaining to maintenance which the applicant-convict is facing. However, the jail conduct is reported to be good.
Considering the fact that the applicant, who is a party respondent in Regular Civil Suit No.07 of 2018, a decision has been rendered against his interest under judgment and order dated 07.04.2023. It appears that under that judgment and order, the applicant and the convict are likely to loose their interest in an ancestral agricultural land of Village Ishwariya of Jasand Taluka. Hence, the application is allowed. The applicant convict RAMJI @ RAMLO PRAGJI MARAKANA is ordered to be released on temporary bail for a period of Ten Days from the date of his actual release on the applicant’s furnishing personal bond of Rs.10,000/-to the satisfaction of the concerned authority, on usual terms and conditions.
The applicant-convict shall surrender before the concerned jail authority on expiry of the temporary bail period. Rule is made absolute accordingly. Direct service is permitted.