The applicant has preferred this revision application against orders dated 23.8.2006 and 2.7.2008 passed in Criminal Appeal No. 109 of 2006 respectively. Mr. Pradip Patel has appeared for the applicant. He has invited the attention of this Court to the further statement of the applicant recorded under Section 313 of the Code of Criminal Procedure. It is submitted that the criminal proceedings against the applicant came to be initiated under the provisions of Section 138 of the Negotiable Instruments Act and pursuant to the complaint made by one Shri G.U. Patel the aforesaid criminal case was tried and by judgment and order dated 23.8.2006 the applicant came to be convicted and sentence of simple imprisonment of one month and a fine of Rs. 5000/- has been imposed and the petitioner is also directed to pay an amount of Rs. 5 lakhs as compensation. The said decision was challenged by the applicant by way of Criminal Appeal No. 109 of 2006. After hearing the parties, the Court was pleased to confirm the judgment of the learned trial Court.
2. Mr.
Patel submitted that in the said judgment the defence of the applicant is not considered. Mr. Patel further submits that if the record and the proceeding is examined, then it would be clear that there are apparent errors in the judgments. He submits that the applicant has a good case and will be able to satisfy the Court, when he application is further heard on merits, about the defence and merits. Mr. Patel has further submitted that pending further consideration & admission of revision application the case of the applicant for bail may be considered and the applicant may kindly be granted bail.
3. Mr.
Patel submits that the applicant is a lady and a housewife and that the applicant's daughter who is pregnant has come to applicant's house for maternity purpose, and that is why it is necessary that she stays with her daughter to take care and therefore she may be released on bail. Mr. Patel also submitted that to prove her bonafides the appellant is ready and willing to deposit Rs. 1,30,000/- in this Court.
2. Considering the aforesaid submissions of Mr. Patel for the applicant and considering the fact that the applicant is a lady and housewife and considering the fact that her daughter has, come to stay with applicant in her house due to maternity purpose and reasons, I consider it appropriate to grant temporary bail for a period of three weeks. Thus the applicant is ordered to be released on temporary bail for 3 weeks from the date of her release in connection with the judgment and order of conviction dated 23.8.2006 passed by the learned JMFC, Borsad in Criminal Case No. 2378 of 2004 and confirmed by the judgment and order dated 2.7.2008 passed by the learned Additional Sessions Judge, Anand in Criminal Appeal No. 109 of 2006, on her executing a bond of Rs. 5,000 with one surety of the like amount to the satisfaction of the appellate Court and subject to the conditions that she shall;
[a] not take undue advantage of her liberty or misuse her liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender her passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] shall mark their presence before the concerned Police Station on 15.7.2008 between 9.00 a.m. and 2.00 p.m;
[f] furnish the address of her residence at the time of execution of the bond and shall not change the residence without prior permission of this Court.
3. If breach of any of the above conditions is committed, the learned Additional Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
4. Bail before the lower court having jurisdiction to try the case.
5. It is clarified that if the applicant fails to deposit the amount on or before 9th July, 2008, the bail shall stand automatically cancelled.
6. Notice returnable on 24th July 2008. The applicant shall remain present before this Court on 24th July 2008.Direct service is permitted today.
[ K.M. Thaker, J. ] rmr.
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