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CR.MA/6131/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6131 of 2010
In
CRIMINAL
APPEAL No. 938 of 2010
=========================================================
SURESH
AMRATBHAI SENDHABHAI NAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
MAHENDRA K PATEL for
Applicant(s) : 1,
MR DC SEJPAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 25/06/2010
ORAL
ORDER
1. Rule.
Mr DC Sejpal, learned APP waives service of rule on behalf of the
State. Having regard to the facts and circumstances of the case and
by consent of both the sides, this application is taken up for
hearing today.
2. This
is an application preferred by the applicant under Section 389 of the
Code of Criminal Procedure seeking bail against the judgment and
order of conviction and sentence passed by the learned Presiding
Officer, Fast Track Court No.3, Ahmedabad (Rural) in Sessions Case
No.80 of 2006 dated 26.5.2010, whereby the present applicant, who is
accused No.3 before the learned Judge, has been convicted for the
offence punishable under Section 411 of the IPC to undergo simple
imprisonment for a period of two years and to pay a fine of
Rs.1,000/- and in default of the same, to further undergo simple
imprisonment for a period of 10 days.
3. Learned
advocate Mr MK Patel for the applicant states at the bar that the
applicant has already paid the fine imposed by the learned Judge.
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 the applicant deserves
to be enlarged on bail on same bail fresh bond and subject to the
conditions that :-
(i) The applicant shall
not leave the territorial limits of the State of Gujarat without
prior permission of this Court.
(ii) The applicant shall
not involve himself in such or similar offence hereafter.
(iii) The applicant shall
surrender his passport, if any, before the Trial Court concerned.
4. In
the meanwhile, the substantive sentence imposed by the learned Judge
shall remain suspended qua the present applicant who is original
accused No.3 during pendency and final disposal of the appeal.
5. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
[H.B.ANTANI,
J.]
mrpandya
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