Applicant has filed this Application for bail pending the hearing and final disposal of Criminal Revision Application No. 1 of 2012, filed before this Court challenging the Judgment and order dated 31.12.2011, passed in Criminal Appeal No. 34 of 2011, by learned 5th (Ad-hoc) Addl. Sessions Judge, Surat, whereby the learned Addl. Sessions Judge has confirmed the Judgment and order dated 25.2.2011 passed by the learned 13th Addl. Senior Civil Judge & Addl. Chief Judicial Magistrate, Surat, in Criminal Case No.1443 of 2009.
It appears that by order dated 5.1.2012 this Court has suspended the sentence imposed by the trial Court, confirmed by the Appellate Court, and also released the applicant on bail, till the returnable date i.e. 16.1.2012, on condition that the applicant shall deposit an amount of Rs.1,00,000/- (Rupees one lac only) with the trial Court.
Learned Advocate for the applicant has contended that pursuant to the order passed by this Court, the applicant has already deposited the amount of Rs.1 lac before the trial Court and he has also produced receipt to that effect.
Heard learned Advocates for the respective parties. I have also perused the papers produced before me.
Looking to the peculiar facts and circumstances of the case and looking to the fact that the sentence awarded to the applicant is only for 6 months, I am inclined to grant bail to the applicant - accused.
Accordingly, this application is allowed. Bail granted by this Court vide order dated 5.1.2012 is extended and the sentence is suspended, till the final disposal of Criminal Revision Application No.1 of 2012. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) sas Top