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CR.MA/8105/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8105 of 2011
In
CRIMINAL
APPEAL No. 682 of 2011
=========================================================
GUNVANTIBEN
AJITBHAI SANCHANIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PM LAKHANI for
Applicant(s) : 1,MS.ARTI A PATEL for Applicant(s) : 1,MR RH
RUPARELIYA for Applicant(s) : 1,
MR HL JANI, APP for Respondent(s)
: 1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 21/06/2011
ORAL
ORDER
Rule.
Mr.H.L.Jani, learned Additional Public Prosecutor, waives
service of Rule on behalf of the respondent-State.
The
applicant-original accused of Sessions Case No.40 of 2010, who is
convicted by the learned Sessions Judge, Jamnagar, for the offences
punishable under Sections 306, 498(A) and 114 of Indian Penal Code,
has filed present application for bail. The applicant is sentenced
to undergo S.I. for a period of 3 years for the offence punishable
under Section 306 and S.I. for a period of 1 year for the offence
punishable under Section 498A of the Indian Penal Code.
Heard
Mr.P. M. Lakhani, learned counsel for the applicant and Mr.H.L.Jani,
learned Additional Public Prosecutor for the respondent-State.
Mr.Lakhani
has contended that the present applicant is released on bail by the
trial Court. He has further submitted that conviction imposed by the
learned trial Judge is within the period of 3 years. He has,
therefore, contended that the application may kindly be allowed by
releasing the applicant on bail pending the appeal.
I
have gone through the papers produced before me as well as the
judgment and order passed by the learned Sessions Judge, Jamnagar.
Looking
to the facts of the case, I am of the opinion that this is a fit
case to grant bail to the applicant. Hence, the applicant is ordered
to be released on bail pending hearing and disposal of the main
appeal on his furnishing a personal bond of Rs.10,000/- and a surety
of the like amount on usual terms and conditions. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(Z.
K. SAIYED, J)
kks
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