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CR.MA/15103/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15103 of 2010
In
CRIMINAL
APPEAL No. 2085 of 2010
=========================================================
KANUBHAI
DABHAIBHAI BHOI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RAMNANDAN SINGH for
Applicant(s) : 1,
MR HL JANI Ld. APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 09/02/2011
ORAL
ORDER
1. The
applicant has preferred this application under sec. 389 of CrPC to
release the applicant on bail pending the above appeal.
2. Heard
Mr. RN Singh learned advocate for the applicant and Mr HL Jani
learned APP for the State.
3. Mr.
Singh learned advocate has read the impugned judgment and order of
conviction and sentence passed by the learned Judge and contended
that the sentence imposed upon the applicant is very short sentence
and the applicant has already undergone the sentence of four months
and after calculating the set-off period, the applicant is likely to
complete the sentence and thereafter, he has to only undergo the
default sentence, if the applicant is not released on bail, pending
the above appeal. He has also placed reliance on the decision of this
Court (Coram: R.H. Shukla, J.) rendered in Criminal Misc. Application
No. 9017/2010 and has prayed to release the applicant on bail,
pending the above appeal.
4. As
against this, Mr. HL Jani has opposed this application and contended
that huge amount of bill is involved in the matter and it is a
public money. Mr. Jani has also contended that against the present
applicant, a decree is also passed. However, he has fairly admitted
that in view of the order passed by this Court Coram: R.H. Shukla,
J.) in Criminal Misc. Application No. 9017/2010, he is not making any
more attempts to oppose this application.
5. I
have considered the submissions made by the learned advocates for the
parties and perused the impugned judgment and order of conviction
and sentence passed by the learned Judge, whereby, the learned Judge
has awarded S/I for six months only. In that view of the matter,
considering the short sentence imposed upon the applicant and the
period of sentence already undergone by the applicant, this
application requires to be allowed.
6. The
applicant is ordered to be released on bail on his furnishing
personal bond for the sum of Rs. 10,000/- with one surety of the like
amount to the satisfaction of the lower Court, till the final
disposal of the above appeal. Rule is made absolute to the above
extent only. DS Permitted.
(Z.K.
SAIYED, J)
mandora/
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