[1] This Court (Coram : Anant S Dave,J.) on 02.08.2011 has passed following order :-
"Learned advocate for the applicant submits that it is not disputed that 25% of the amount out of payment of 35% of the amount as per the order granted by the trial Court is already paid and considering the above when other proceedings are pending the impugned order be stayed.
Hence, Rule returnable on 5th September, 2011. Learned APP, waives service of rule on behalf of respondent-State.
Meanwhile, ad-interim relief in terms of para 8(b).
Direct service is permitted."
[2] Today, it is submitted by Mr.Popat, learned advocate for the applicant that the applicant is ready to deposit remaining amount of 10% as per the order dated 03.05.2011 passed by the Trial Court with the Trial Court within 1(one) month.
[3] In view of above, this application is allowed. Order dated 21.07.2011 passed by the learned Additional Sessions Judge, Deesa at Banaskantha in Criminal Misc. Application No.386 of 2011 is quashed and set aside. The bail granted to the applicant by the Trial Court vide order dated 03.05.2011 in Criminal Misc. Application No.642 of 2010 to continue till disposal of the criminal case.
[4] If remaining amount of 10% is not deposited by the applicant within 1(one) month with the Trial Court, then bail bond shall stand cancelled.
[5] Rule is made absolute to the aforesaid extent. Direct service is permitted.
[M.D.Shah, J.] satish Top