Rule.
Mr.H.L.Jani, learned Additional Public Prosecutor, waives service of Rule on behalf of the respondent-State.
The applicants-original accused of Special (Atrocity) Case No.24 of 2009, who are convicted by the learned Special Judge, Patan for the offence punishable under Section 324 of the Indian Penal Code and under Section 135 of the Bombay Police Act, have filed the present application for bail. The applicant Nos.1 and 2 are sentenced to undergo R.I. for a period of 3 years with fine of Rs.500/- and in default to further undergo 9 months S.I. and under Section 135 of the B.P.Act further 4 months S.I. and fine of Rs.100/- in default to further undergo 8 days S.I. The applicant No.3 is sentenced to undergo 1 month R.I. and fine or Rs.250/- and in default to further undergo 8 days S.I. for the offence punishble under Section 323 of the Indian Penal Code and order to undergo 4 months and fine of Rs.100/- in default to further undergo 8 days S.I. for the offence punishable under Section 135 of the B.P.Act.
Heard Mr.Dharmesh Nanavaty, learned counsel for the applicant and Mr.H.L.Jani, learned Additional Public Prosecutor for the respondent-State.
Mr.Nanavaty has contended that the applicants are released on bail by the trial Court. The applicants are agriculturist. All the family members of the present applicants are suffering from financial crisis and nobody is there who can take proper care. He has, therefore, contended that the application may kindly be allowed by releasing the applicants on bail pending the appeal.
I have gone through the papers produced before me as well as the judgment and order passed by the learned Special Judge, Patan.
Looking to the facts of the case, I am of the opinion that this is a fit case to grant the bail to the applicants. Hence, the applicants are ordered to be released on bail pending hearing and disposal of the main appeal on their furnishing a personal bond of Rs.10,000/- each and a surety of the like amount each usual terms and conditions. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Z.
K. SAIYED, J) kks Top