Heard Mr.Ankit Shah, learned counsel for the applicant Mr.F.B. Brahmbhatt, learned counsel for the respondent No.1 and Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent No.2-State.
Mr.Shah states that the matter is settled between the applicant and respondent No.1 and produced an affidavit to the said effect. The same is ordered to be taken on record. He has further contended that the applicant is in jail.
In the facts of the case and in view of averments made in the affidavit and more particularly when the matter is settled between the parties, I am of the opinion that the applicant is required to be released on bail. Hence, the applicant is ordered to be released on bail pending the Revision Application on his executing a bond in the sum of Rs.5,000/- (Rupees Five Thousand Only) and on usual terms and conditions. Bail bond to be executed before the lower Court having jurisdiction to try the case.
The matter is adjourned to 25th January, 2012 so as to verify the fact of the settlement between the parties. The applicant and respondent No.1 are directed to remain personally present in the Court on the next date of hearing.
Direct Service is permitted.
(Z.
K. Saiyed, J) Anup Top