Rule.
Mr.H.L. Jani, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent-State.
By way of present application, filed under Section 389 of the Code of Criminal Procedure, the applicants have prayed to stay the execution of sentence recorded by the learned 4th Additional Sessions Judge, Veraval vide judgment and order dated 19th April, 2012 passed in Atrocity Sessions Case No.38 of 2009 and further be pleased to grant bail to the applicants pending the admission, hearing and final disposal of the Criminal Appeal.
The applicants were convicted by the learned 4th Additional Sessions Judge, Veraval for the offence punishable under Section 506(2) read with Section 149 of the Indian Penal Code for two years' rigorous imprisonment and fine of Rs.1,000/-, in default, to undergo simple imprisonment for a further period of one month with other offences.
Heard Ms.Shaily Kapadia for Mr.Arpit Kapadia, learned counsel for the applicants and Mr.H.L. Jani, learned Additional Public Prosecutor appearing for the respondent-State.
Ms.Kapadia, learned counsel for the applicants, states that the applicants were on bail pending the trial and even after the conclusion of trial and upon pronouncing the judgment and conviction of the sentence, the applicants have been granted bail for a period of 30 days. Thus, today the applicants are on bail. She has further contended that fine amount has already been paid by the applicants. She has also contended that looking to the provision of Section 389 of the Code of Criminal Procedure, when the applicants were convicted for less than three years, they may kindly be released on bail pending the final disposal of the Criminal Appeal.
Heard Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent-State and perused papers also. Today the applicants are on bail by the learned 4th Additional Sessions Judge, Veraval for a period of 30 days and they have already paid the fine amount. Looking to the provision of Section 389 of the Code of Criminal Procedure, when the applicants are convicted for less than three years, I am of the opinion that applicants are required to be released on bail.
In view of above, present application is partly allowed. The applicants are ordered to be released on bail pending the final disposal of the Criminal Appeal on their furnishing bail bond of Rs.5,000/- (Rupees Five Thousand Only) each with one surety of the like amount and on usual terms and conditions. Bail before the lower Court. Rule is made absolute to the aforesaid extent.
Direct Service is permitted.
(Z.
K. Saiyed, J) Anup Top