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 under Section 389 of the Code of Criminal Procedure seeking bail against the judgment and order of conviction and sentence passed by the learned Sessions Judge, Navsari in Sessions Case No.35 of 2009 dated 24.11.2011 by which the learned Judge has convicted the applicant for the offence punishable under Section 304(2) to undergo S.I. for five years and fine of Rs.2,25,000/-, in default, to further undergo one year S.I. Learned Sessions Judge was pleased to convict and sentence the applicant to undergo S.I. for one year and fine of Rs.5000/-, in default, further to undergo three months S.I. for the offence punishable under Section 337 of the Indian Penal Code.
3. Learned advocate Mr. Kapadia for the applicant submitted that this Court has passed order on 1.2.2012, wherein direct service is permitted. The respondent No.2 has refused to accept the notice and affidavit of service is also filed. The applicant is very poor person and he is in jail since three months. He has prayed to release the applicant on bail.
4. Heard learned APP Mr. Jani for the respondent - State.
5. I have perused the application along with the papers and I have considered the submission made by the parties. The respondent No.2 has refused to accept notice. The civil litigation is pending between the parties. Considering the facts and circumstances of the case, I am of the view that pending hearing of the Appeal, the applicant deserves to be enlarged on bail on his furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the Trial Court on usual terms and conditions.
6. Rule is made absolute to the aforesaid extent. Direct service is permitted. Record and Proceedings are ordered to be sent to back.
(Z.K.SAIYED,J.) ynvyas Top