Rule.
Mr.H.L.Jani, learned Additional Public Prosecutor, waives service of Rule on behalf of the respondent-State.
The applicant-original accused of Sessions Case No.139 of 2010, who is convicted by the learned 2nd Additional Sessions Judge, Godhra for the offence punishable under Section 498(A) of Indian Penal Code has filed the present application for bail. The applicant is sentenced to undergo R.I. for a period of 30 months with fine of Rs.2,500/- and in default to further undergo 3 months R.I.
Heard Mr.J.V.Dave, learned counsel for the applicant and Mr.H.L.Jani, learned Additional Public Prosecutor for the respondent-State.
Mr.Dave has contended that looking to the provisions of Section 389 of the Criminal Procedure Code the sentence imposed is of less than three years. It is also contended that the present applicant is released on bail upto 20.3.2012 by the learned trial Judge. The fine amount is deposited with the trial Court. He has, therefore, contended that the application may kindly be allowed by releasing the applicant on bail pending the appeal.
Mr.H.L.Jani, learned APP for the respondent State has vehemently opposed the present application and prayed not to grant bail to the present applicant.
I have gone through the papers produced before me as well as the judgment and order passed by the learned 2nd Additional Sessions Judge, Godhra.
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 main appeal 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