1. Having regard to the facts and circumstances of the case, this application is taken up for hearing today.
2. This is an application preferred by the applicant seeking bail against the judgment and order of conviction and sentence passed by the learned Judicial Magistrate First Class, Vijapur in Criminal Case No.1675 of 2010 dated 8.9.2011 by which the learned Magistrate has convicted the applicant for the offence punishable under Sections 379 and 114 of the Indian Penal Code to undergo two years simple imprisonment with a fine of Rs.5000/- and in default of the same, to further undergo simple imprisonment for one month. That order has been confirmed by the learned Additional Sessions Judge, Mahesana by passing order dated 13.12.2011 in Criminal Appeal No.104 of 2011.
3. Learned advocate Mr. Chhara for the applicant submitted that the applicant has already paid the fine imposed by the learned Judge. He also submitted that present applicant has preferred Criminal Appeal before the learned Additional Sessions Judge, Mahesana against the judgment and order dated 8.9.2011 passed by the learned Judicial Magistrate First Class, Vijapur in Criminal Case No.1675 of 2010, but the learned Additional Sessions Judge has dismissed the Appeal by confirming the judgment and order passed by the learned Magistrate. He read the provisions of Section 389(3) of the Code of Criminal Procedure. He submitted that looking to the jail period i.e. one year and 2 months of the applicant, the applicant may kindly be released on bail.
4. Learned APP Mr. H.L. Jani opposed the bail application of the applicant and submitted that the order passed by the learned Magistrate is confirmed by the learned Additional Sessions Judge, therefore, the applicant is not required to be granted bail. He also read the provisions of Section 389 (3) of the Code of Criminal Procedure.
5. Considering the fact that the appeal is arising from the short sentence imposed by the learned trial Judge, which in turn confirmed by the learned Additional Sessions Judge and considering the pendency of large number of matters and provision of Section 389(3) of the Code of Criminal Procedure, I am of the view that the applicant deserves 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 and on usual terms and conditions.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Z.K.SAIYED,J.) ynvyas Top