Heard.
1. Rule.
Learned APP Mr. Jani waives service of Rule on behalf of the respondent No.1 State and learned advocate Mr. I.M. Pandya waives service of Rule on behalf of the respondent No.2.
2. This Revision Application is preferred by the applicant under Section 397 and 401 of the Code of Criminal Procedure seeking bail against the judgment and order of conviction and sentence passed by the learned Metropolitan Magistrate, Negotiable Instrument Act, Court No.2, Ahmedabad in New Criminal Case No.512 of 2008 (Old Criminal Case No.1255 of 2008) dated 18.6.2010 by which the learned Magistrate has convicted the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act to undergo 1 year S.I. with fine of Rs.5,000/- and in default of the same, to further undergo three months S.I. Same judgment and order is confirmed by the learned City Civil and Sessions Judge, Court, Ahmedabad by judgment and order dated 25.8.2011 passed in Criminal Appeal No.302 of 2010.
3. Learned advocate Mr. Manav for the applicant submitted that the applicant has already paid the fine imposed by the learned Judge. The applicant is an innocent person. He also submitted that the applicant is ready to deposit 50% of the cheque amount before the learned Magistrate. He prayed to release the applicant on bail during the hearing of this Revision Application.
4. Considering the fact that the Revision is arising from the short sentence imposed by the learned Judge and considering the pendency of large number of matters and I am of the view that during the hearing of this Revision, the applicant is ordered 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. The applicant shall be released on bail on condition of depositing 50% of the cheque amount before the Court of learned Magistrate within one week from the date of his release. If the applicant fails to deposit the said amount, then his bail stands automatically cancelled. Direct service is permitted.
(Z.K.SAIYED,J.) ynvyas Top