The applicant-original accused of Sessions Case No.107 of 2010, who is convicted by the learned Additional Session, Anand for the offence punishable under Section 304 Part-2 of the Indian Penal Code and sentencing the applicant to undergo S.I. for 5 years and fine of Rs.10,000/-, in default to undergo S.I. for 3 months.
Heard Mr.J. M. Panchal, learned counsel for the applicant and Mr.H.L.Jani, learned Additional Public Prosecutor for the respondent-State.
Mr.Panchal has read postmortem note and contended that the learned Judge has not considered defence version of the present applicant. He has further contended that looking to the cause of death this is not a case covered within the meaning of Section 304 Part-2 of the IPC, but it is a simple case of Section 304-A of the IPC. He has, therefore, contended that the application may kindly be allowed by releasing the applicant on bail pending the appeal.
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 order passed by the learned Additional Sessions Judge, Anand.
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 main appeal on his furnishing a personal bond of Rs.10,000/- 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