1. Rule.
Mr. Jani, learned APP waives service of rule on behalf of the State. 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 under Section 389 of the Code of Criminal Procedure seeking bail against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Gondal in Sessions Case No.9 of 2008 dated 28.12.2011 by which the learned Judge has convicted the applicant for the offence punishable under Sections 498(A), 323 and 114 of the Indian Penal Code to undergo two years R.I. with a fine of Rs.1000/- and in default of the same, to further undergo 7 days S.I.
3. Learned advocate Mr. Gondaliya for the applicant submitted that the applicant has already paid the fine imposed by the learned Judge. The applicant is now on bail.
4. Considering the fact that the appeal is arising from the short sentence imposed by the learned Judge and considering the pendency of large number of matters, I am of the view that the application deserves to be allowed and accordingly it is allowed. The applicant is ordered to be released on same bail with fresh bond. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Z.K.SAIYED,J.) ynvyas Top