Research › Search › Judgment

Gujarat High Court · body

2016 DIGILAW 1921 (GUJ)

Prakashbhai Chinubhai Dani v. State of Gujarat

2016-09-02

S.G.SHAH

body2016
ORDER : S.G SHAH, J. Rule, returnable on 13.10.2016 Learned APP waives service of notice of rule for respondent No. 1. 2. In the present Criminal Revision Application, the applicant herein original accused has prayed to release him on bail by suspending the sentence imposed by judgment and order dated 17.11.2006 passed by the learned Judicial Magistrate First Class, Mehsana in Main Chief Case No. 10 of 2005 as well as the judgment and order dated 29.08.2016 passed by the learned 2nd Sessions Judge, Mehsana in Criminal Appeal No. 56 of 2006 rejecting the appeal filed by the present applicant and confirmed the order passed by the learned J.M.F.C, Mehsana, by which, the applicant has been convicted for the offence punishable under Sections 406, 409, 420, 465, 468 and 120(B) of the Indian Penal Code and sentenced to undergo simple imprisonment of six months with fine of Rs. 5,000/- and in default, to undergo further period of one month S.I for the offence punishable u/s. 409 of the IPC. 3. Heard learned advocate Mr. Hiren M. Modi appearing for the applicant and learned APP Mr. Manan Mehta for the respondent No. 1 - State and perused the record of the case. 4. Considering the overall facts and circumstances of the case and sentence imposed by the learned J.M.F.C, Mehsana vide order dated 17.11.2006 in Main Chief Case No. 10 of 2005 and confirmed by learned 2nd Addl. Sessions Judge, Mehsana in Criminal Appeal No. 56 of 2006, the present application requires consideration and the same is allowed. The sentence imposed by judgment and order dated 17.11.2006 passed by the learned J.M.F.C, Mehsana in Main Chief Case No. 10 of 2005 as well as the judgment and order dated 29.08.2016 passed by the learned 2nd Sessions Judge, Mehsana in Criminal Appeal No. 56 of 2006 are hereby suspended. The applicant shall be released on regular bail on executing personal bond of Rs. 1,00,000/- (Rupees One Lac only) and one surety of like amount to the satisfaction of the Trial Court within two weeks. The applicant shall be released on regular bail on executing personal bond of Rs. 1,00,000/- (Rupees One Lac only) and one surety of like amount to the satisfaction of the Trial Court within two weeks. The applicant is permitted to furnish more than one surety and the applicant be released on bail, subject to the conditions that -; (a) he shall surrender passport, if any, to the lower court within a week; (b) he shall not leave the State of Gujarat without prior permission of the Trial Court; (c) he shall furnish the present address of residence to the I.O and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court; (d) if he fails to furnish surety within two weeks, the order of bail shall stand cancelled automatically. 5. Direct service today is permitted.