Present applicant-prisoner has filed present application for bail, pending the appeal, through jail.
I have gone through the papers produced before me. It appears from the papers that the present applicant-prisoner has been convicted by the learned Additional Sessions Judge, Nadiad for the offence punishable under Section 307 of the Indian Penal Code and ordered to undergo five years rigorous imprisonment and to pay fine of Rs.1,000/-, in default of payment of fine, ordered to undergo imprisonment for a further period of one month in Sessions Case No.141 of 2007.
Heard Mr.H.H. Parikh, learned Additional Public Prosecutor and also perused papers. It appears that appeal is pending before this Court and is fixed for hearing on 30th September 2010 In view of facts of the case as well as looking to the date fixed for hearing the main appeal, I am of the opinion that the present application deserves to be dismissed and is hereby dismissed.
(Z.
K. Saiyed, J) Anup Top