1. Rule.
Learned APP Mr. Jani waives service of Rule on behalf of the respondent - State.
2. This application is preferred by the applicant under Section 389 of the Code of Criminal Procedure seeking bail against the judgment and order of conviction and sentence passed by the learned 5th Judicial Magistrate First Class, Ahmedabad (Rural), Mirzapur in Criminal Case No.7670 of 2005 dated 20.3.2009 by which the learned Magistrate has convicted the applicant for the offence punishable under Section 138 of Negotiable Instruments ACt and sentenced to undergo for a period of two years S.I and fine of Rs.5000/-, in default, to further undergo two months S.I. The said order is challenged before the learned Additional Sessions Judge, Fast Track Court No.4, Ahmedabad (Rural) and he has dismissed the Criminal Appeal No.22 of 2009 vide order dated 7.5.2010 by confirming the order of the learned Magistrate.
3. Learned advocate Mr. Patel for the applicant submitted that as per Section 389 of Code of Criminal Procedure, the applicant is required to be released on bail as he is imposed very short sentence. He also submitted that the applicant has deposited fine amount before the concerned trial Court. He also submitted that learned Magistrate granted bail the applicant after passing the order of conviction and sentence. The applicant is now in jail. He, therefore, prays to release the applicant on bail during the hearing of this Revision.
4. Learned APP Mr. Jani for the State strongly opposed the bail application. They also submitted that discretion may not exercised in favour of the applicant.
5. Considering the fact that the Revision is arising from the short sentence imposed by the learned Judge and considering the pendency of large number of matters and considering the provisions under Section 389 of the Code of Criminal Procedure, I am of the view that during the hearing of this Revision, the applicant is ordered to be enlarged on bail on his furnishing a bond of Rs.5,000/- (Rupees five thousand only) with one surety of the like amount to the satisfaction of the Trial Court on usual terms and conditions. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.) ynvyas Top