(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Rule.
Mr.H.K. Patel, learned APP waives notice of Rule.
Mr.Gamara, learned counsel tenders the copy of the order dated 05.06.2012 passed by the learned Sessions Judge whereby the bail bond of the accused-appellant is continued for a period of one month and the said period is expiring tomorrow and therefore, he has prayed that the matter be taken upon on account of the urgency.
We also find that in view of the said urgency, the matter deserves to be taken. Hence, we have heard Mr.Gamarya for the applicant-appellant and Mr.HK Patel, APP.
It has come on record that the accused has married with the victim after the alleged incident for the offence under section 376 and it has been stated that one female child is also born out of the wedlock.
Hence, we find that it is a case for suspension of sentence and continuing the applicant-accused on bail, more particularly when sentence is also imposed for a period of less than 3 years.
Hence, the sentence imposed by the learned Sessions Judge upon the applicant-accused is suspended and he is released on regular bail on following condition that -
he executes personal bond of Rs.10000 and solvent surety of Rs.10000;
he shall not misuse his liberty while on bail;
the passport shall be surrendered, if any, with the concerned Sessions Court within two weeks;
Until the aforesaid conditions are complied with, the bail granted by the learned Sessions Judge shall also continue.
The application is allowed to the aforesaid extent. Rule made absolute accordingly. D.S.
(JAYANT PATEL, J.) (C.L.
SONI, J.) *bjoy Top