Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 163 (GUJ)

Mahammad Aadam Randera v. State of Gujarat

2017-01-20

Z.K.SAIYED

body2017
ORDER : Z.K SAIYED, J. Rule. Mr. N.J Shah, learned APP waives service of rule on behalf of respondent - State. 2. The applicant-original accused of Criminal Case No. 1247 of 2010, who is convicted by the learned Third Additional Chief Judicial Magistrate, Navsari, on 1.9.2012 for the offence punishable under Section 138 of the Negotiable Instruments Act. Against the said order Criminal Appeal being Criminal Appeal No. 19 of 2012 was filed before the learned Third Additional Sessions Judge, Navsari. The learned Third Additional Sessions Judge, Navsari, by his judgment and order dated 2.1.2017 confirmed the order passed by the learned Third Additional Chief Magistrate, Navsari, in Criminal Case No. 1247 of 2010. 3. Heard Mr. Zubin Bharda, learned counsel for the applicant and Mr. N.J Shah, learned Additional Public Prosecutor for the respondent-State. 4. Mr. Zubin Bharda, learned advocate for the applicant under the instructions of his client assures this Court that within 10 days 50% of the cheque amount in question will be deposited before the trial Court. He has, therefore, submitted that the applicant may kindly be granted bail pending the Revision Application. 5. Heard Mr. N.J Shah, learned APP for the respondent - State. He has vehemently opposed the present application. 6. I have gone through the papers produced before me as well as the judgment and orders passed by both the Courts below. 7. Looking to the facts of the case, I am of the opinion that this is a fit case to grant the bail to the applicant. Hence, the applicant is ordered to be released on bail on condition to deposit 50% of the cheque amount in question before the trial Court pending hearing and disposal of the Revision Application on his furnishing a personal bond of Rs. 10,000/- and a surety of the like amount on usual terms and conditions.