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2017 DIGILAW 164 (GUJ)

Snehalbhai Hasmukhbhai Shah v. State of Gujarat

2017-01-20

Z.K.SAIYED

body2017
ORDER : Z.K SAIYED, J. Rule. Learned APP waives service of notice of rule on behalf of respondent State. 2. The applicant-original accused of Criminal Case No. 819 of 2010, who is convicted by the learned Judicial Magistrate, First Class, Petlad on 15.10.2015 for the offence punishable under Section 138 of the Negotiable Instruments Act. Against the said order Criminal Appeal being Criminal Appeal No. 79 of 2015 was filed before the learned Sessions Judge, Anand. The learned Additional Third Additional Sessions Judge, Anand, by his judgment and order dated 13.1.2017 confirmed the order passed by the learned JMFC in Criminal Case No. 819 of 2010. 3. Heard Mr. Pravin Gondaliya, learned advocate for the applicant and Ms. Monali Bhatt, learned APP for the respondent - State. 4. Mr. Gondaliya, learned advocate for the applicant has submitted that applicant has already surrendered before the jail authority. He has further submitted that the applicant is ready to deposit 50% of the total cheque amount of Rs. 80,000/- within one week before the learned trial Court. He, therefore, prays to grant bail to the applicant by suspending the sentence till disposal of the present Revision Application. 5. Considering the overall facts and circumstances of the case and sentence imposed by the learned Judicial Magistrate First Class at Petlad vide order dated 15.10.2015 in Criminal Case No. 819 of 2010 and the same order is confirmed by the learned Additional Third Additional Sessions Judge, Anand, vide judgment and order dated 13.1.2017 passed in Criminal Appeal No. 79 of 2015 is hereby suspended and the applicant shall be released on regular bail on condition that he shall deposit Rs. 40,000/- before the trial Court within one week from today and also on executing personal bond of Rs. 10,000/- (Rupees Ten Thousand only) and one surety of like amount to the satisfaction of the Trial Court and subject to the conditions that he shall; (a) surrender passport, if any, to the lower court within a week; (b) not leave the State of Gujarat without prior permission of the Trial Court; (c) 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; 6. The Criminal Misc. Application is allowed. Rule is made absolute to the aforesaid extent.