(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Rule.
Learned APP, Mr.Pandya, waives service of rule on behalf of respondent-State.
Present application is for suspension of sentence and regular bail.
After some arguments, when the Court was not inclined to suspend the sentence and release the applicant No.1 on regular bail, Mr.Anandjiwala does not press the application for applicant No.1. However, so far as applicant No.2 is concerned, he has pressed the application.
We have heard learned counsel appearing for both the sides for suspension of sentence and regular bail for applicant No.2.
It is an admitted position that the sentence imposed upon applicant No.2 is of one year S.I. with the fine of Rs.1,000/-. Further, as per the bail bond, he is already on bail.
Under the circumstances, we find that the sentence imposed upon applicant No.2 deserves to be suspended and he deserves to be released on bail on following conditions:
(i) He shall furnish the solvent surety of Rs.10,000/- to the satisfaction of the trial Court;
(ii) He shall not misuse his liberty;
(iii) He shall surrender his passport, if any.
Application is dismissed for applicant No.1 Application is allowed for applicant No.2 to the aforesaid extent. Rule partly made absolute. Direct service is permitted.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top