Rule, returnable on 17th February, 2012. Mr.H.L. Jani, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent No.1-State.
By way of present application, the applicant has prayed to release him on bail pending the the admission and final hearing of the Revision Application.
The applicant was convicted by the learned Judicial Magistrate First Class, Shinor vide his order dated 28th September, 2011 passed in Criminal Case No.791 of 2009 for the offence under Section 138 of the Negotiable Instruments Act and ordered simple imprisonment for a period of six months and also imposed fine of Rs.5,000/-; and in default of payment of fine, ordered to undergo simple imprisonment for a further period of one month. The learned JMFC has also ordered the applicant to pay an amount of Rs.60,000/- to the complainant as compensation. The said order was challenged by way of Criminal Appeal No.50 of 2011. The learned Additional Sessions Judge, Court No.3, Vadodara vide his judgment and order dated 31st December, 2011 confirmed the order passed by the learned JMFC, Shinor. Being aggrieved by the said judgments, present revision application is filed by the present applicant.
Mr.Dave, learned counsel for the applicant, states that fine amount has already been paid by the applicant. He has further contended that the applicant is ready to deposit 50% of the compensation amount, i.e. Rs.30,000/-, with the Civil Court, Shinor within week and the applicant has no objection if the said amount may be withdrawn by the original complainant. He, therefore, contended that looking to the circumstances, present applicant may kindly be released on bail pending the present Criminal Revision Application.
Heard Mr.Jani, learned Additional Public Prosecutor for the respondent-State and also perused papers produced before me. In view of statement made by Mr.K.T. Dave, learned counsel for the applicant, applicant is ordered to be released on bail pending the present Criminal Revision Application on his furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) and a surety of the like amount and on usual terms and conditions. Bail before the trial Court having jurisdiction to try the same. The applicant is directed to deposit Rs.30,000/- (Rupees Thirty Thousand Only) before the Civil Court, Shinor within one week after his release and if the applicant fails to deposit the said amount of Rs.30,000/- within the said period, his bail bond shall stand cancelled and the trial Court concerned shall issue Non-bailable warrant against the applicant to effect his arrest. The original complainant is permitted to withdraw the said amount deposited by the applicant.
(Z.
K. Saiyed, J) Anup Top