By way of present application, the applicant has prayed to release him on bail during the pendency of the Criminal Revision Application No.79 of 2012 arising out of order dated 07th December, 2012 passed by the learned Additional Sessions Judge, Court No.18 at Ahmedabad City passed in Criminal Appeal No.197 of 2011 as well as order dated 04th May, 2011 passed by the learned Metropolitan Magistrate, Negotiable Court No.2, Ahmedabad in Criminal Case No.2824 of 2010.
Heard Mr.Niral Mehta, learned counsel for the applicant and Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent No.1.
Mr.Mehta, learned counsel for the applicant, states that the criminal revision application is admitted by this Court vide order dated 17th February, 2012. He has contended the fine amount is already deposited by the applicant. He has also contended that during the pendency of the appeal, the applicant was on bail. He has also contended that the applicant has surrendered himself on 21st February, 2012. Under the instructions of the applicant, Mr.Mehta, learned counsel for the applicant, further states that the applicant is ready to deposit 50% of the total amount with the Court concerned. He, therefore, contended that the applicant may kindly be released on bail.
Heard Mr.H.L. Jani, learned Additional Public Prosecutor for respondent No.1-State as also perused papers produced before me. It appears from the papers that the applicant has already deposited the fine amount and he was on bail during the pendency of appeal. When the applicant is ready to deposit 50% of the total amount with the Court concerned, I am of the opinion that the applicant is required to be released on bail pending the hearing and disposal of the criminal revision application.
In view of above, present application is allowed. The applicant is ordered to be released on bail pending the hearing and final disposal of the criminal revision application on his furnishing bail bond of Rs.5,000/- (Rupees Five Thousand Only) and a surety of the like amount and on usual terms and conditions. The applicant is directed to deposit the 50% of the total amount with the Court concerned within a period of one week from the date of his release from the Jail, his bail bond shall stand cancelled and in turn he shall surrender himself before the Jail Authority.
Direct Service is permitted.
(Z.
K. Saiyed, J) Anup Top