1. Heard.
Rule.
2. This application is preferred by the applicant, seeking bail against the judgment and order of conviction and sentence passed by the learned Second Additional Civil Judge and Judicial Magistrate First Class, Surendranagar in Criminal Case No.1215 of 2005 dated 19.2.2010 by which the learned Magistrate has convicted the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act to undergo 2 years S.I. with fine of Rs.10,000/- and in default of the same, to further undergo five months S.I. Same judgment and order is confirmed by the learned Additional Sessions Judge, Surendranagar by judgment and order dated 17.5.2011 passed in Criminal Appeal No.16 of 2010.
3. Learned advocate Mr. Dave for the applicant submitted that the applicant has already deposited Rs.3,25,000/- before this Court and said amount has been withdrawn by the respondent Bank. He also submitted that today, the present applicant is on temporary bail and he may be enlarged on bail till final disposal of the Revision.
4. Learned advocate Mr. Vaghela has fairly admitted that Rs.3,25,000/-, which is the cheque amount and same has been withdrawn by the respondent Bank.
5. Heard learned APP Mr. Jani for the State.
6. The applicant is now on temporary bail. Considering the fact that the Revision is arising from the short sentence imposed by the learned Judge and considering the pendency of large number of matters and the provisions under Section 389 of the Code of Criminal Procedure and fact that the applicant has deposited Rs.3,25,000/- before this Court, I am of the view that during the hearing of this Revision, the applicant is ordered to be enlarged on bail on his furnishing a fresh bond of Rs.5,000/- (Rupees five thousand only) with one surety of the like amount to the satisfaction of the Trial Court on usual terms and conditions. Direct service is permitted.
(Z.K.SAIYED,J.) ynvyas Top