Heard learned advocate Mr.N.C.Thakkar for the applicants and learned APP Mr.A.J.Desai for respondent State.
2. Rule.
Learned APP Mr.A.J.Desai waives service of rule on behalf of respondent State.
3. The present application has been filed by the applicants-accused for releasing them on regular bail. They have been convicted by the learned Sessions Judge, Kheda, vide his judgment and order dated 12.6.2008 and sentenced to undergo RI of five years under Sec.307 read with Sec.114 of IPC and fine of Rs.2000/-.
4. Having heard learned advocates for the parties, learned advocate Mr.Thakkar does not press this application for applicant Nos.1 and 3. Rule qua applicant Nos.1 and 3 is therefore discharged.
5. Learned advocate Mr.Thakkar, however, prayed that applicant-accused No.2 may be released as he is aged about 65 years and ill. Therefore without going into the merits of the case, taking into consideration the said only factor, applicant No.2 is ordered to be released on bail on his executing a personal bond of Rs.5,000/- (Rupees Five thousand only) with a surety of the like amount before the trial Court on usual terms and conditions. Rule qua applicant No.2 is made absolute accordingly. Direct service is permitted.
6. The Registry is directed to send back the Record and Proceedings of the case immediately to the trial Court so as to prepare the paper book and on receipt of the paper book, the appeal may be listed for final hearing.
(M.D.Shah, J.) Sreeram.