Rule.
Mr.H.L.Jani, learned Additional Public Prosecutor, waives service of Rule on behalf of the respondent-State.
The applicants-original accused of Sessions Case No.42 of 2011 , who are convicted by the learned Additional Sessions Judge, Surendranagar, for the offence punishable under Sections 447, 504, 506(2) and 114 of the Indian Penal Code and under Section 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The applicants are sentenced to undergo S.I. for a period of 2 months and a fine of Rs.200/-, indefault of payment of fine the applicants shall have to undergo S.I. for a further period of 15 days under Section 447 of the IPC. The applicants are sentenced to undergo S.I. for a period of 1 year and fine of Rs.2,000/-, indefaut of payment of fine the applicants shall have to undergo S.I. for 60 days under Section 506(2) of the IPC. The applicants are sentenced to undergo S.I. for a period of 1 year and a fine of Rs.5000/-, indefault of payment of fine the applicants shall have to undergo S.I. for a further period of 6 months under Section 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
Heard Ms.Bela Prajapati, learned advocate for the applicants and Mr.H.L.Jani, learned Additional Public Prosecutor for the respondent-State. Mr.Jani has vehemently opposed present bail application.
Ms.Bela Prajapati has read judgment and order passed by the learned Judge and submitted that present applicants were on bail during the trial and even today present applicants are on bail for 30 days. The fine amount is paid by the applicants. It is submitted that as per provisions of Section 389 of the Code present applicants are convicted for less than 3 years. She has, therefore, submitted that the applicants 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 Additional Sessions Judge, Surendranagar. As per provisions of Section 389 of the Code present applicants are convicted for less than 3 years. The amount of fine is deposited by the applicants before the trial Court. When the presence of the applicants is available during the hearing of appeal, I am of the opinion that this is a fit case to grant bail to the applicants. Hence, the applicants are ordered to be released on bail pending hearing and disposal of the main appeal on their furnishing a personal bond of Rs.10,000/- each and a surety of the like amount on usual terms and conditions. Rule is made absolute to the aforesaid extent. Direct service is permitted.
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K. SAIYED, J) kks Top