By way of present application, the applicant has prayed to suspend the sentence imposed upon the applicant vide judgment and order of conviction dated 31st March, 2010 passed by the learned Metropolitan Magistrate, Negotiable Instruments Act, Court No.2, Ahmedabad in Criminal Case Nos.1981 of 2008, 1982 of 2008 and 1983 of 2008 as confirmed by the judgment and order dated 18th August, 2011 passed by the learned Additional Sessions Judge, Court No.16, Ahmedabad in Criminal Appeal No.189 of 2010 and also prayed to release him on bail pending the hearing and final disposal of the main Criminal Revision Application.
Heard Mr.Vaibhav Vyas, learned counsel for the applicant, Mr.Ashok Verma, learned counsel for the respondent No.1 and Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent No.2-State.
Mr.Vyas, learned counsel for the applicant, states that as ordered by this Court vide order dated 21st February, 2012 in Criminal Revision Application No.16 of 2012, the applicant has already deposited an amount of Rs.2,50,000/- with the concerned Court. He has also contended that the applicant is in jail for more than two months. He, therefore, prayed to release the applicant on bail pending the hearing and final disposal of the revision application.
Heard Mr.Ashok Verma, learned counsel for the respondent No.1 and Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent No.2-State.
When the applicant has deposited 50% of the amount and since he is in jail for more than two months, I am of the opinion that applicant is required to be released on bail pending the hearing and final disposal of the revision application.
Hence, the present application is partly allowed. The applicant is ordered to be released on bail pending the hearing and final disposal of the revision application on his furnishing 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. Rule is made absolute.
Direct Service is permitted.
(Z.
K. Saiyed, J) Anup Top