By way of present application, the applicants have prayed to release them on bail pending the appeal in connection with the judgment and order of conviction dated 26th March, 2010 passed by the learned Additional District and Sessions Judge, Anand in Sessions Case No.22 of 2008.
Heard Ms.R.V.Acharya, learned counsel for the applicants and Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent-State.
Ms.Acharya, learned counsel for the applicants, states that the applicants were convicted for rigorous imprisonment for 2 years and fine of Rs.1000/- and in default to undergo simple imprisonment for 3 months for the offence under Section 6 of the Explosive Act, rigorous imprisonment for 7 years and fine of Rs.1000/- and in default to undergo simple imprisonment for 6 months for the offence under Section 5 of the Explosive Substances Act and simple imprisonment for 1 month for the offence under Section 135 of the Bombay Police Act. She has further contended that the applicants have already undergone more than 3 years sentence and therefore, she prayed to release the applicants on bail pending the Appeal. She has also contended that in near future, final hearing of this appeal would not be possible and therefore also the appellants are required to be released on bail pending the appeal.
Heard Mr.H.L. Jani, learned Additional Public Prosecutor and also perused the papers produced before me. He has produced jail report and argued that looking to the seriousness of offence, it is required to be considered by heavy hands. I have also gone through the judgment and order of conviction passed by the learned Additional Sessions Judge, Anand in Sessions Case No.22 of 2008.
Looking to the facts of the case, this is a good case to entertain the application, therefore, present application is allowed. The applicants are ordered to be released on bail pending the appeal on their furnishing surety of Rs.10,000/- and a personal bond of the like amount on usual terms and conditions. Bail before the trial Court having jurisdiction to try the same. Rule is made absolute to the aforesaid extent only.
Direct Service is permitted.
[Z.
K. Saiyed, J.] ..mitesh..
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