Rule.
Mr.H.L.Jani, learned Additional Public Prosecutor, waives service of Rule on behalf of the respondent-State.
The applicant-original accused of Sessions Case No.36 of 2003, who is convicted by the learned Additional Sessions Judge, Fast Track Court, Porbandar for the offence punishable under Sections 307, 323, 324, 504 and 114 of the Indian Penal Code and under Section 135 of the Bombay Police Act, has filed the present application for bail. The applicant is sentenced to undergo R.I. for a period of 7 years with fine of Rs.2,000/- and in default to further undergo six months S.I. under Section 307 of the IPC and also sentenced to undergo S.I. for six months for the offence under Section 135 of the Bombay Police Act.
Heard Mr.N.D.Nanavati, learned Senior Counsel for the applicant and Mr.H.L.Jani, learned Additional Public Prosecutor for the respondent-State.
Mr.Nanavati has read judgment and order passed by the learned Judge and submitted that the applicant is in jail since 31.12.2007 and even from the period of conviction undergone period of jail is sixty percent. It is submitted that the appeal is filed in the year 2008 and in near future appeal is not likely to be heard. He has further submitted that this is the second bail application. The first application for bail was not pressed by the present applicant with a liberty to file fresh bail application if the appeal is not heard within one year from the date of the order of this Court. He has, therefore, submitted that the application may kindly be allowed by releasing the applicant on bail pending the appeal.
Mr.H.L.Jani, learned APP for the respondent - State has read judgment and order passed by the learned Judge and submitted that looking to the jail period of the present applicant he may be released on bail.
I have gone through the papers produced before me as well as the judgment and order passed by the learned Additional Sessions Judge, Fast Track Court, Porbandar. It is true that applicant has undergone sixty percent period of conviction and in near future appeal is not likely to be heard.
Looking to the facts of the case, I am of the opinion that this is a fit case to grant bail to the applicant. Hence, the applicant is ordered to be released on bail pending hearing and disposal of the main appeal on his furnishing a personal bond of Rs.10,000/- and a surety of the like amount on usual terms and conditions. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Z.
K. SAIYED, J) kks Top