Rule.
Mr.H.L. Jani, learned Additional Public Prosecutor, waives service of notice of Rule on behalf of respondent No.1-State.
By way of present application the applicant has prayed to suspend the sentence awarded by by the judgment and order dated 23rd February, 2012 passed by the learned Metropolitan Magistrate Court No.10, Ahmedabad in Criminal Case No.1831 of 2010 as well as judgment and order dated 07th April, 2012 passed by the learned Additional Sessions Judge, City Civil and Sessions Court No.14, Ahmedabad in Criminal Appeal No.84 of 2011 and also prayed to release the applicant on bail pending the revision application.
The applicant was convicted by the learned Metropolitan Magistrate Court No.10, Ahmedabad and ordered to undergo simple imprisonment for a period of eight months and fine of Rs.2,500/-, in default, to undergo simple imprisonment for a further period of 30 days. The said judgment and order of conviction is confirmed by the learned Additional Sessions Judge, City Civil and Sessions Court No.14, Ahmedabad in Criminal Appeal No.84 of 2011.
Heard Mr.P.K. Shukla, learned counsel for the applicant and Mr.H.L. Jani, learned Additional Public Prosecutor appearing for the respondent-State.
It is contended by Mr.Shukla, learned counsel for the applicant, that the applicant has already paid the fine amount and is on bail at present upto 23rd April, 2012. It is also contended by Mr.Shukla that looking to the provision of Section 389 of the Code of Criminal Procedure, when the applicant is convicted for less than three years, he may be released on bail pending the revision application.
Heard Mr.H.L. Jani, learned Additional Public Prosecutor and also perused the papers produced before me.
Looking to the facts of the case, present application is partly allowed. The applicant is ordered to be released on bail pending the revision application on his furnishing surety of Rs.05,000/- (Rupees Five Thousand Only) and a personal bond of the like amount on usual terms and conditions. Bail before the trial Court. Direct Service is permitted.
(Z.
K. Saiyed, J) Anup Top