Rule, returnable on 04th May, 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 revision application, the applicant has prayed to release him on bail pending the admission and final disposal of the revision application.
The applicant has been convicted by the learned Judicial Magistrate First Class for the offence punishable under Section 138 of the Negotiable Instruments Act for seven month simple imprisonment and fine of Rs.10,000/-. The applicant was also directed to to pay Rs.4,506/- as compensation to the complainant.
Heard Mr.M.B. Parikh, learned counsel for the applicant and Mr.H.L. Jani, learned Additional Public Prosecutor appearing for respondent No.1-State.
Mr.Parikh, learned counsel for the applicant, submits that the applicant has surrendered himself before the Jail Authority. The applicant has already paid the fine amount and compensation to the original complainant. He, therefore, contended that looking to the facts of the case and more particularly when the applicant was convicted for seven months and fine amount is already paid, the applicant may kindly be released on bail.
Heard Mr.H.L. Jani, learned Additional Public Prosecutor appearing for respondent No.1-State and perused papers produced before me. In view of statement made by Mr.Parikh, learned counsel for the applicant, that fine amount is paid, the applicant is ordered to be released on bail pending the revision application on his furnishing bail bond of Rs.5,000/- (Rupees Five 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.
Direct Service is permitted.
(Z.
K. Saiyed, J) Anup Top