Leave to amend.
1. Having regard to the facts and circumstances of the case, this application is taken up for hearing today.
2. This is an application preferred by the applicant under Section 389 of the Code of Criminal Procedure seeking bail against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Amreli in Sessions Case No.89 of 1993 (Common Judgment in Sessions Case No.82 of 1993 with Sessions Case No.89 of 1993) dated 24.9.2003 by which the learned Judge has convicted the applicant for the offence punishable under Section 504 read with Section 34 of the Indian Penal Code to undergo for one month R.I. and fine of Rs.100/- and in default of the same, to further undergo 7 days S.I. The applicant was ordered to undergo R.I. for six months and fine of Rs.300/-, in default, further to undergo 15 days R.I. for the offence punishable under Sections 324 and 34 of the Indian Penal Code. For the offence punishable under Section 135 of the Bombay Police Act, the applicant was ordered to undergo R.I. for four months and fine of Rs.100/-, in default, further to undergo R.I. for 15 days.
3. Learned advocate Mr. Lakhani for the applicant submitted that the applicant has already paid the fine imposed by the learned Judge. He also submitted that the applicant was on bail and in some other offence, he is in custody. He also submitted that the applicant will release within one week's time. He read the provisions of Section 389 of the Criminal Procedure Code.
4. Heard learned APP Mr. Jani for the State.
5. Considering the fact that the appeal is arising from the short sentence imposed by the learned Judge and considering the pendency of large number of matters and also considering the provisions of Section 389 of the Criminal Procedure Code, I am of the view that during the pendency of the Appeal, the applicant deserves to be enlarged on bail on his furnishing a bond of Rs.5,000/- (Rupees five thousand only) with one surety of the like amount to the satisfaction of the Trial Court on usual terms and conditions.
5. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Z.K.SAIYED,J.) ynvyas Top