1. By way of present application, filed under Section 389 of the Code of Criminal Procedure, 1973, the applicant has prayed to suspend the sentence awarded by the learned Additional Sessions Judge, Morbi, in Sessions Case No.22 of 2010 by his judgment and order dated 31st March, 2012 and further prayed to release him on regular bail pending hearing and final disposal of the appeal.
2. The learned Additional Sessions Judge, Morbi, by his judgment and order dated 31st March, 2012 convicted the applicant for the offences punishable under Section 325 read with Sections 114, 397 and 32 of the Indian Penal Code and sentenced him to undergo simple imprisonment for a period of four years, and also imposed fine of Rs.5,000/- (Rupees five thousand Only), and in default of payment of fine, sentenced him to undergo simple imprisonment for a further period of three months.
3. Heard Mr. K. S. Chandrani, learned counsel for the applicant and Mr.K. P. Raval, learned Additional Public Prosecutor for the respondent-State.
4. It is contended by Mr.Chandrani, learned counsel for the applicant, that the applicant has already paid the fine amount and produced xerox copy of the receipt showing payment. The same is taken on record. He has also contended that the applicant was released on bail by this Court vide order dated 11.05.2010 in Criminal Misc. Application No.4586 of 2010 and remained behind the bars nearly three months. It is also contended by Mr. Chandarani that the applicant will be available during the hearing of the appeal. He, therefore, contended that present application may kindly be allowed and applicant may be released on bail pending the appeal.
5. Heard Mr. K. P. Raval, learned Additional Public Prosecutor and also perused the papers produced before me.
6. Looking to the facts of the case, present application is partly allowed. The applicant is ordered to be released on bail pending the appeal on his furnishing surety of Rs.5,000/- and a personal bond of the like amount and on usual terms and conditions. Bail before the trial Court. Rule is made absolute to the aforesaid extent only. Direct Service is permitted.
(Z.
K. SAIYED, J.) mehul Top