Rule.
Mr. H.L. Jani, learned APP waives service of Rule on behalf of the respondent.
The applicant-original accused of Criminal Case No.661 of 2002, who is convicted by the learned Judicial Magistrate, First Class, Kodinar on 9.3.2006 for the offence punishable under Section 65 (A) and (E) of the Bombay Prohibition Act and sentenced to undergo 3 months S.I. with fine of Rs.500/-, and in default to further undergo 15 days S.I. Under Section 66(B) of the Bombay Prohibition Act the applicant is sentenced to undergo 3 months S.I. with fine of Rs.500, and in default to further undergo 15 days S.I. Against the said order Criminal Appeal being Criminal Appeal No.6 of 2012 (Old Criminal Appeal No.4 of 2006) was filed before the learned Additional Sessions Judge, Presiding Officer Fast Track Court, Una. The learned Additional Sessions Judge, Una, by his judgment and order dated 20.3.2012 confirmed the order passed by the learned JMFC in Criminal Case No.661 of 2002.
Heard Mr.T.L.Sheth, learned counsel for the applicant and Mr.H.L.Jani, learned Additional Public Prosecutor for the respondent-State.
Mr.Sheth has submitted that the applicant is in jail. He has submitted that the police constable Mepa Dahya and Ranvir Sajanbhai are cited as witnesses in the charge-sheet. However, they have not been examined by the prosecution. Even though the Courts below have convicted the applicant relying on sole police witness. He has, therefore, submitted that the applicant may kindly be granted bail pending the Revision Application.
Heard Mr. H.L.Jani, learned APP for the respondent - State. He has vehemently opposed the present application.
I have gone through the papers produced before me as well as the judgment and orders passed by both the Courts below.
Looking to the facts of the case, I am of the opinion that this is a fit case to grant the bail to the applicant. Hence, the applicant is ordered to be released on bail pending hearing and disposal of the Revision Application on his furnishing a personal bond of Rs.10,000/- and a surety of the like amount on usual terms and conditions. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Z.
K. SAIYED, J) kks Top