1. RULE.
Learned APP Mr. Jani waives service of Rule on behalf of the respondent No.1 - State.
2. This Application is preferred by the applicant under Section 389 of the Code of Criminal Procedure seeking bail against the judgment and order of conviction and sentence passed by the learned Metropolitan Magistrate Court No.4, Ahmedabad, in Criminal Case No.317 of 2002 dated 19.2.2008 by which the learned Magistrate has convicted the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo for two days. The applicant is further ordered to pay Rs.75,000/- within 60 days to the complainant and if she fails to do so, she is ordered to undergo S.I. for a period of two months. The said order is challenged before the learned City Civil and Sessions Court, Ahmedabad and learned Additional Sessions Judge, Court No.9, Ahmedabad City has dismissed the Criminal Appeal No.34 of 2008 vide order dated 7.3.2012 by confirming the order of the learned Magistrate.
3. Learned advocate Mr. Jasani for the applicant submitted that as per Section 389 of Code of Criminal Procedure, the applicant is required to be released on bail as he is imposed very short sentence. He also submitted that the applicant will deposit 50% of the cheque amount i.e. Rs.40,000/- before the concerned Court on or before 12.4.2012. He, therefore, prays to release the applicant on bail during the hearing of this Revision.
4. Learned APP Mr. Jani for the State strongly opposed the bail application. They also submitted that discretion may not exercised in favour of the applicant.
5. Considering the fact that the Revision is arising from the short sentence imposed by the learned Judge and considering the pendency of large number of matters and considering the provisions under Section 389 of the Code of Criminal Procedure, I am of the view that during the hearing of this Revision, the applicant is ordered to be enlarged on bail on her furnishing a bond of Rs.5,000/- (Rupees five thousand only) with one surety of the like amount to the satisfaction of the Trial Court on usual terms and conditions. The applicant shall be enlarged on bail on condition that she will deposit Rs.40,000/- on or before 12.4.2012 before the concerned trial Court and she will produce the receipt of depositing such amount before the concerned trial Court. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.) ynvyas Top