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CR.MA/10026/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10026 of 2011
In
CRIMINAL
APPEAL No. 422 of 2011
=========================================
YUSUFBHAI
NOORMOHMAD SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
AD DESAI for
Applicant(s) : 1,MR MOUSAM R YAGNIK for Applicant(s) : 1,MS.P J.JOSHI
for Applicant(s) : 1,
MR LR POOJARI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 08/09/2011
ORAL
ORDER
1. This
application is preferred by the applicant under section 389 of the
Code of Criminal Procedure seeking bail pending appeal.
2. The
applicant is convicted by learned Special Judge, Vadodara by order
dated 19.03.2011 in Electricity (Special) Case No.75 of 2007 for the
offence punishable under section 135(1)(b) of the Electricity Act and
sentenced to undergo three years simple imprisonment and to pay fine
of Rs.6,44,193/- and in default of payment of fine, to undergo
further three months simple imprisonment.
3. This
Court on 27.04.2011 in Criminal Misc. Application No.4446 of 2011
passed following order :-
“1.
Ms.Parul Joshi, learned counsel for the applicant, states that she
is not pressing the application at this stage with a liberty to file
fresh application if the appeal is not heard and decided within
three months.
2.
In view of above, present application is disposed of as not pressed
with liberty to the applicant to file fresh application for bail, if
the appeal is not heard and decided within a period of three
months.”
4. It
is submitted by learned advocate for the applicant that the applicant
is in jail since 19.03.2011. It is further submitted that fine
imposed by the learned Trial Court is too harsh and it is not
possible for the applicant to pay the same.
5. Considering
the fact that the applicant is in jail since last six months and that
there is no possibility of appeal being disposed in near future,
present application deserves to be allowed.
6. In
the result application is allowed. Applicant is ordered to be
released on bail on his furnishing personal bond of Rs.10,000/-
(Rupees Ten Thousand only) with one solvent surety of the like amount
to the satisfaction of Trial Court and subject to the conditions that
: –
(a) The
applicant shall deposit Rs.2,15,000/- (Rupees Two lac and fifteen
thousand only) with the Trial Court within 10(ten) days from the date
of release.
(b) The
applicant shall not leave State of Gujarat without prior permission
of this Court.
7. If
breach of any of the above conditions is committed, present order
passed by this Court shall stand automatically cancelled.
8. Rule
is made absolute to the aforesaid extent. Application is disposed of
accordingly. Direct service is permitted.
[M.D.Shah,J.]
satish
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