The applicant-original accused of Criminal Case No.1012 of 2002, who is convicted by the learned Metropolitan Magistrate, Court No.5, Ahmedabad, sentencing the applicant to undergo S.I. for 8 months and fine of Rs.5,000/-, in default to undergo S.I. for 30 days and same is confirmed in Criminal Appeal No.146 of 2007 by the learned Additional Session Judge, Court No.9, Ahmedabad.
Heard Mr.Umesh Trivedi, learned counsel for the applicant and Mr.H.L.Jani, learned Additional Public Prosecutor for the respondent-State.
Mr.Umesh has submitted that prosecution has failed to establish on record that applicant is the owner and occupier of the premises wherein theft of electric energy is found. It is submitted that Service Meter No.520944 from which theft of electricity is found does not stand in the name of the applicant. He has, therefore, submitted that the application may kindly be allowed by releasing the applicant on bail pending the Revision Application.
Heard Mr. H.L.Jani, learned APP for the respondent - State. He has vehemently opposed the present application.
I have gone through the papers produced before me as well as the judgment and orders passed by the learned Metropolitan Magistrate, Court No.5, Ahmedabad, as well as by the learned Additional Session Judge, Court No.9, Ahmedabad.
Looking to the facts of the case, I am of the opinion that this is a fit case to grant the bail to the applicant. Hence, the applicant is ordered to be released on bail pending hearing and disposal of the Revision Application on his furnishing a personal bond of Rs.10,000/- and a surety of the like amount on usual terms and conditions. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Z.
K. SAIYED, J) kks Top