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CR.MA/4996/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4996 of 2010
In
CRIMINAL
APPEAL No. 781 of 2010
=====================================================
PRAFULKUMAR
RAMANLAL GAJJAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR
NITIN M AMIN for Applicant(s) : 1,
MR DEVANG VYAS ADDITONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 12/05/2010
ORAL
ORDER
1. Rule.
Mr. Devang Vyas, learned APP waives service of rule on behalf of the
State. Having regard to the facts and circumstances of the case, 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 Additional
Sessions Judge, City Sessions Court, Ahmedabad in Sessions Case No.80
of 2008 dated 30.4.2010 by which the learned Judge has convicted the
applicant for the offence punishable under Section 498(A) of the
Indian Penal Code and imposed the sentence of rigorous imprisonment
for two years and to pay a fine of Rs.3,000/-, in default, to further
undergo four months S.I.
3. Learned
advocate Mr. Amin for the applicant submitted 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 the pendency of large number of matters,
I am of the view that the applicant deserves to be enlarged on bail
on his furnishing a bond of Rs.5,000/- (Rupees five thousand only)
with one surety of the like amount to the satisfaction of the Trial
Court 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
Additional Sessions Judge, City Sessions Court, Ahmedabad in Sessions
Case No.80 of 2008 dated 30.4.2010 shall remain suspended 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.)
ynvyas
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