1. Having regard to the facts and circumstances of the case, this application is taken up for hearing today.
2. This is an application preferred by the applicants under Section 389 of the Code of Criminal Procedure seeking bail against the judgment and order of conviction and sentence passed by the learned Special Judge, (Atrocity), Mehsana, in Sessions Case No.54 of 2010 dated 24.1.2012 by which the learned Judge has convicted the applicants for the offences punishable under Section 323 of the Indian Penal Code and to undergo for one year R.I. and fine of Rs.1000/- and in default of the same, to further undergo 1 month S.I. For the offence punishable under Section 394 of the Indian Penal Code, the applicants were ordered to undergo five years R.I. and Rs.5000/-, in default, further to undergo six months S. I. The applicants were ordered to pay the fine of Rs.100/-, in default, further to undergo for 7 days S.I. for the offence punishable under Section 135 of the Bombay Police Act.
3. Learned advocate Mr. Dagli for the applicants submitted that the applicants are only breadwinner of their families. The offence in which the applicants were involved, is not serious in nature. He also submitted that looking to the sentence imposed upon the applicants, they may kindly be released on bail.
4. Heard learned APP Mr. Jani for the State.
5. Considering the fact that the appeal is arising from the short sentence imposed by the learned Judge and considering the pendency of large number of matters, I am of the view that during the hearing of the appeal, the applicants deserve to be enlarged on bail on their furnishing a bond of Rs.5,000/- each (Rupees five thousand only) with one surety of the like amount to the satisfaction of the Trial Court on usual terms and conditions
5. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Z.K.SAIYED,J.) ynvyas