Rule.
Mr.H.L.Jani, learned Additional Public Prosecutor, waives service of Rule on behalf of the respondent-State.
The applicant-original accused of Atrocity Sessions Case No.24 of 2007, who is convicted by the learned 4th Additional Sessions Judge, Veraval, Dist. Junagadh for the offence punishable under Section 504 of the Indian Penal Code and Section 3(1)(10) of the Prevention of Atrocity (Scheduled Caste and Scheduled Tribe) Act, 1989. The applicant is sentenced to undergo R.I. for a period of 2 years with fine of Rs.5000/- and in default to further undergo 1 month S.I. under Section 3(1)(10) of the Prevention of Atrocity (Scheduled Caste and Scheduled Tribe) Act, 1989.
Heard Mr.M.K.Purohit, learned advocate for the applicant and Mr.H.L.Jani, learned Additional Public Prosecutor for the respondent-State.
Mr.Purohit has read judgment and order passed by the learned Judge and submitted that present applicant was on bail during the trial and even today present applicant is on bail for 30 days. The fine amount is paid by the applicant. It is submitted that the applicant is a public serrvant and she will be available during the hearing of appeal. He has, therefore, submitted that the applicant may be granted bail.
Mr.H.L.Jani, learned APP for the respondent - State has read judgment and order passed by the learned Judge and vehemently opposed bail of the present applicant.
I have gone through the papers produced before me as well as the judgment and order passed by the learned 4th Additional Sessions Judge, Veraval, Dist. Junagadh. When the presence of the applicant is available during the hearing of appeal, I am of the opinion that this is a fit case to grant bail to the applicant. Hence, the applicant is ordered to be released on bail pending hearing and disposal of the main appeal on her 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