1. Rule.
Mr. Jani, learned APP waives service of rule on behalf of the State. 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 seeking bail against the judgment and order of conviction and sentence passed by the learned Judicial Magistrate First Class, Kathor and the applicant was ordered to undergo S.I. for six months for the offence punishable under Section 279 of the Indian Penal Code, with a fine of Rs.500/-, in default, further S.I. for 1 month. The applicant was also ordered to undergo S.I. for one year and fine of Rs.2000/-, in default, to undergo further S.I. for three months for the offence punishable under Section 304-A of the Indian Penal Code and for the offence punishable under Section 134 of the Motor Vehicles Act, the fine of Rs.500/- was ordered to pay, in default, to undergo 15 days S.I. The 3rd Additional Sessions Judge, Surat in Criminal Appeal No.36 of 2008 dated 24.6.2010 confirmed the order of the learned Magistrate.
3. Learned advocate Ms. Bhakti for the applicant submitted that the applicant has already paid the fine imposed by the learned Judge. The applicant is now on interim bail by order dated 30.6.2010 of this Court.
4. Considering the fact that the appeal is arising from the short sentence imposed by the learned Judge, I am of the view that the application deserves to be allowed and accordingly it is allowed. The applicant is ordered to be released on same bail with fresh bond. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Z.K.SAIYED,J.) ynvyas Top