Rule.
Mr.H.L.Jani, learned Additional Public Prosecutor, waives service of Rule on behalf of the respondent-State.
The applicants-original accused of Special Case No.14 of 2011, who are convicted by the learned Additional Sessions Judge, Surendranagar, for the offence punishable under Sections 323 and 34 of the Indian Penal Code. The applicants are sentenced to undergo S.I. for a period of 6 months with fine of Rs.1000/- and in default to further undergo 15 days S.I. under Sections 323 and 34 of the Indian Penal Code.
Heard Mr.V.M.Pancholi, learned advocate for the applicants and Mr.H.L.Jani, learned Additional Public Prosecutor for the respondent-State.
Mr.Pancholi has read judgment and order passed by the learned Judge and submitted that present applicants were on bail during the trial and even today present applicants are on bail for 30 days. The fine amount is paid by the applicants. It is submitted that the applicants are sentenced for less than three years. It is submitted that the applicants will be available during the hearing of appeal. He has, therefore, submitted that the applicants may be granted bail.
Mr.H.L.Jani, learned APP for the respondent - State has read judgment and order passed by the learned Judge and vehemently opposed bail of the present applicant.
I have gone through the papers produced before me as well as the judgment and order passed by the learned Additional Sessions Judge, Surendranagar. When the presence of the applicants are available during the hearing of appeal, I am of the opinion that this is a fit case to grant bail to the applicants. Hence, the applicants are ordered to be released on bail pending hearing and disposal of the main appeal on their furnishing a personal bond of Rs.10,000/- each and a surety of the like amount on usual terms and conditions. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Z.
K. SAIYED, J) kks Top