#. Rule. Mr. N.D. Gohel, the learned Additional Public Prosecutor waives service of Rule for the State. By consent, Rule is fixed forthwith.
#. Heard Mr. Ashish M. Dagli, the learned advocate appearing for the applicant and Mr. Gohel, the learned Additional Public Prosecutor for the State, who in turn, has taken us through the judgment under challenge as well as the evidence recorded during the trial. The appeal filed by the applicant was admitted as per the order dated 30th December, 2004 and considering the application for bail, this Court had issued notice, which was made returnable on 10th January, 2005 and the learned Additional Public Prosecutor had waived service of notice on behalf of the State.
#. Mr. Dagli has submitted that the applicant-accused was not on bail during the trial and the trial had taken place immediately after his arrest and as the applicant had not moved this Court for bail, the applicant had remained in jail from the day one of his arrest, i.e. from 14th September, 2004. In light of the conviction recorded by the trial court, Mr. Dagli stated that the applicant be released on bail by imposing any conditions which the applicant shall abide by.
#. Mr. Gohel has opposed the prayer for bail. According to Mr. Gohel, the trial court has found the prosecution case wherein within small span of three years of married life of the deceased with the applicant, because of the harassment and torture, the deceased-wife of the applicant had committed suicide and that there is no case wherein the applicant-accused deserves to be released on bail. Mr. Gohel also submitted that if the Court is inclined to release the applicant on bail, no reasons be assigned for bail.
#. In light of the submissions made before us and without assigning any reason, we are inclined to release the applicant-accused on bail who was was convicted by the learned trial Judge for the offences under Sections 498(A) and 306 of I.P.C. and ordered to undergo rigorous imprisonment for 2 years for the offence under Section 498-A of I.P.C. and to pay fine of Rs. 2000/- and in default of the same to undergo six months' rigorous imprisonment and is also ordered to undergo rigorous imprisonment for eight years and to pay fine of Rs. 7000/- and in default of the same to undergo rigorous imprisonment of two years.
#. The applicant is ordered to be released on bail on his executing a bond of Rs. 5,000/- (Rupees Five Thousoand) and two sureties of the like amount to the satisfaction of trial court, on condition that the applicant shall not leave the jurisdiction of the Gujarat State during the pendency of the appeal without the permission of this Court. Rule is accordingly made absolute. Direct service permitted.
[D.K. TRIVEDI, J.] [ANANT S. DAVE, J.] pirzada/-