1. Rule.
2. In this application, the applicant has prayed for bail under Section 389 of the Code of Criminal Procedure seeking bail against the judgment and order of conviction and sentence passed by the learned Judicial Magistrate First Class, Nalia, Kutch in Criminal Case No.144 of 1986 dated 13.2.1998 by which the learned Magistrate has convicted the applicant for the offence punishable under Section 409 of Indian Penal Code and sentenced to undergo for a period of one year R.I and fine of Rs.1000/-, in default, to further undergo three months R.I. Learned Magistrate further ordered the applicant to undergo two years R.I. and to pay a fine of Rs.2000/-, in default, to further undergo three months R.I. for the offence punishable under Section 467 of the Indian Penal Code. The said order is challenged before the learned Additional Sessions Judge, Bhuj - Kutch and he has dismissed the Criminal Appeal No.5 of 1998 vide order dated 30.4.2012 by confirming the order of the learned Magistrate.
3. Learned advocate Mr. Shah for the applicant produced custody certificate of the applicant issued by Palara Special Prison, Bhuj-Kutch. He submitted that per Section 389 of Code of Criminal Procedure, the applicant is required to be released on bail. 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. Raval for the State strongly opposed the bail application. They also submitted that discretion may not be 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. Direct service is permitted.
(Z.K.SAIYED,J.) ynvyas Top