Rule.
Learned APP Mr. Jani waives service of Rule on behalf of respondent No.1 - State.
The applicant - original accused has filed this Revision Application challenging the Judgment and order dated 21.2.2012 passed by the learned 3rd Additional Sessions Judge, Mehsana, Camp at Vadnagar, in Criminal Appeal No.91 of 2012, whereby the learned Additional Sessions Judge has confirmed the Judgment and order dated 16.7.2011 passed by the learned JMFC, Vadnagar, in Criminal Case No.464 of 2002. By the said Judgment, the learned Magistrate has held the applicant - accused guilty of the offences under Sections 19, 40 and 18(C), 18(A)(1) and 18(A) of the Drugs and Cosmetics Act and awarded simple imprisonment for 6 months in each offences and also awarded a fine of Rs.5,000/-, Rs.1,000/- and Rs,1,000/- respectively for each offences and in default of payment of fine, the learned Magistrate has awarded SI for 3 months. The learned Magistrate has ordered that the sentences shall run concurrently.
Learned Advocate for the applicant has contended that till 24th February, 2012, the bail is granted to the applicant. He has also read the provision of Section 389 Cr.P.C. and requested for grant of bail to the applicant. He has also stated that the fine amount is already paid by the applicant.
In the facts of the case, pending the hearing and final disposal of above Revision Application, the applicant is ordered to be enlarged on bail on the same terms and on the same conditions, as imposed by the Court below. Bail before the trial Court.
Direct service is permitted.
(Z.K.SAIYED, J.) sas Top