By way of present application, filed under Section 389 of the Code of Criminal Procedure, the applicants have prayed to release them on bail and also to suspend the sentence imposed upon them vide order dated 06th February, 2012 passed by the learned 4th (Ad-hoc) Additional Sessions Judge, Anand in Sessions Case No.90 of 2010.
Heard Mr.Harshil Dattani for Mr.P.P. Majmudar, learned counsel for the applicants and Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent-State.
Today this Court has admitted the appeal filed by the applicants-original accused against the judgment and order of conviction and sentence dated 06th February, 2012 passed by the learned 4th (Ad-hoc) Additional Sessions Judge, Anand in Sessions Case No.90 of 2010. The applicants are on bail at present. Amount of fine is already paid by the applicants. As the present applicants have been awarded two years' imprisonment, it would be in the interest of justice to allow this application.
In view of above facts and circumstances of the case emerging from the record and in view of the fact that the applicants are on bail at present for two months from the date of the judgment and order dated 06th February, 2012 and the applicants have paid the amount of fine, present application is partly allowed. The applicants are hereby ordered to be released on bail on their furnishing bond in the sum of Rs.5,000/- (Rupees Five Thousand Only) each and a surety of the like amount on the usual terms and conditions till the final disposal of the Criminal Appeal No.265 of 2012. Bail bond to be executed before the concerned trial Court having jurisdiction to try the same.
Direct Service is permitted.
(Z.
K. Saiyed, J) Anup Top