Rule. Mr. H.L.Jani, learned APP waives service of Rule on behalf of the respondent.
The applicant-original accused of Criminal Case No.1358 of 2007, who is convicted by the learned Metropolitan Magistrate, Court No.10, Ahmedabad on 27.4.2011 for the offences punishable under Sections 323, 323 and 294(b) of the Indian Penal Code. Against the said order Criminal Appeal being Criminal Appeal No.196 of 2011 was filed before the learned City Sessions Court No.11, Ahmedabad. The learned Sessions Judge, Ahmedabad, by his judgment and order dated 31.1.2012 confirmed the order passed by the learned Metropolitan Magistrate, Court No.10, Ahmedabad in Criminal Case No.1358 of 2007.
Heard Mr.Y.S.Lakhani, learned Senior Counsel appearing for Mr.Pravin Gondalia, for the applicant and Mr.H.L.Jani, learned Additional Public Prosecutor for the respondent-State.
Mr.Lakhani has submitted that both the Courts below have erred in law in believing the deposition of the complainant. It is submitted that though there were independent witnesses the prosecution has dropped the said independent witnesses. He has submitted that he has instructions from the present applicant's father that the applicant is released on bail by the trial Court and fine amount is deposited before the trial Court. He has submitted that he will produce copy of that order on record of this case. He has, therefore, submitted that the applicant may kindly be granted bail pending the Revision Application.
Heard Mr. H.L.Jani, learned APP for the respondent - State. He has vehemently opposed the present application.
I have gone through the papers produced before me as well as the judgment and orders passed by both the Courts below.
Looking to the facts of the case, I am of the opinion that this is a fit case to grant the bail to the applicant. Hence, the applicant is ordered to be released on bail pending hearing and disposal of the Revision Application on his furnishing a personal bond of Rs.10,000/- and a surety of the like amount on usual terms and conditions. Direct service is permitted.
(Z.
K. SAIYED, J) kks Top