Rule.
Mr.H.L. Jani, learned Additional Public Prosecutor, waives service of notice of Rule on behalf of respondent-State.
By way of present Revision Application the applicant has prayed to suspend the order of conviction and sentence dated 05th June, 2004 passed by the learned Judicial Magistrate First Class, Navsari in Criminal Case No.2805 of 1997 and the order upholding the said order of conviction and sentence dated 13th April, 2012 passed by the learned 2nd (Ad-hoc) Additional Sessions Judge, Navsari and in turn be pleased to release the applicant on bail.
The applicant was convicted by the learned Judicial Magistrate First Class, Navsari for the offence under Section 326 of the Indian Penal Code and sentenced him to undergo simple imprisonment for a period of three years and also imposed fine of Rs.5,000/-, in default to undergo simple imprisonment for a further period of one month. The said order was confirmed by the learned 2nd (Ad-hoc) Additional Sessions Judge, Navsari in Criminal Appeal No.10 of 2004 vide order dated 13th April, 2012.
Heard Mr.Zubin Bharda, learned counsel for the applicant and Mr.H.L. Jani, learned Additional Public Prosecutor appearing for the respondent-State.
It is contended by Mr.Bharda, learned counsel for the applicant, that the applicant has already paid the fine amount. He has also contended that the applicant was on bail during the trial. It is also contended by Mr.Bharda that looking to the provision of Section 389 of the Code of Criminal Procedure, when the applicant is convicted for three years, he may be released on bail pending the revision application.
Heard Mr.H.L. Jani, learned Additional Public Prosecutor and also perused the papers produced before me.
Looking to the facts of the case, present application is partly allowed. The applicant is ordered to be released on bail pending the revision application on his furnishing surety of Rs.05,000/- (Rupees Five Thousand Only) and a personal bond of the like amount on usual terms and conditions. Bail before the trial Court. Direct Service is permitted.
(Z.
K. Saiyed, J) Anup Top