By way of present application, the applicants have prayed to release them on bail pending the Revision Application.
Heard Mr.L.R. Pathan, learned counsel for the applicants and Mr.K.P. Raval, learned Additional Public Prosecutor for the respondent-State.
Mr.Pathan, learned counsel for the applicants, states that the applicants are convicted for maximum period of two years. Looking to the provision of Section 389 of the Code of Criminal Procedure, the applicants may kindly be enlarged on bail. He has contended that it is true that applicants are outsider, but will be available during the hearing of the revision application. He, therefore, contended that the applicants may kindly be enlarged on bail pending the revision application by imposing any suitable conditions.
As against this, Mr.Raval, learned Additional Public Prosecutor, states that the applicants are outsider and their presence is doubtful during the hearing of the revision application. He has produced jail record, which is taken on record.
Heard learned counsel for the respective parties and also perused papers produced before me. Looking to the provision of Section 389 of the Code of Criminal Procedure, I am of the view that present application is required to be allowed. Hence, the present application is allowed. The applicants are ordered to be released on bail on their furnishing a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand Only) each and a solvent surety of the like amount as also on the following conditions:
(a) Applicants shall mark their presence at Fategunj Police Station, Vadodara once in three month on the date which may be fixed by the Investigating Officer;
(b) Applicants shall surrender their passport, if any, to the Investigating Officer immediately;
(c) Applicants shall not leave India without the prior permission of the Court.
Rule is made absolute accordingly. Direct service is permitted.
(Z.
K. Saiyed, J) Anup Top