Bail may be granted pending revision application if no exceptional circumstances are presented to deny it, subject to compliance with specified conditions.

ORDER :

(PRANAV TRIVEDI, J.) 

[1] On 26.04.2024, the co-ordinate bench of this Court had passed the following order:

"2. Learned advocate for the petitioner submits that the petitioner is aged 45 years and behind bar since 24.01.2024. It is also submitted that the petitioner has deposited Rs.1,25,000/- of the cheque amount before the learned Court below. It is further submitted that the petitioner is ready to deposit Rs.50,000/- at the first instance and Rs.50,000/- within four weeks from the date of his release. It is submitted that the petitioner shall file usual Undertaking before this Court. Considering, this aspect, it is submitted to suspend the sentence and grant regular bail to the petitioner.

3. Upon considering the submissions made at bar, it appears that petitioner is sentenced for a fixed period and the Revision is not likely to be heard in near future, sentence imposed upon the petitioner can be considered in view of the decision rendered in case of Bhagwan Rama Shinde V/s. State of Gujarat (1999)4 SCC 421 as there are no exceptional circumstances pointed out by the learned A.P.P. to refuse/decline the application.

4. Considering above, pending Revision Application, impugned order passed by the Courts below are kept in abeyance till further orders. The petitioner is released on bail pending hearing of the Revision Application on furnishing personal bond of Rs.10,000/- and surety of like amount to the satisfaction of the learned Trial Court concerned and on further following conditions :-

4. Considering above, pending Revision Application, impugned order passed by the Courts below are kept in abeyance till further orders. The petitioner is released on bail pending hearing of the Revision Application on furnishing personal bond of Rs.10,000/- and surety of like amount to the satisfaction of the learned Trial Court concerned and on further following conditions :-

(i) The petitioner shall deposit Rs.50,000/- at the first instance and Rs.50,000/- within four weeks from the date of his release before the learned Court below.

(ii) The petitioner shall file usual Undertaking before this Court.

(iii) The petitioner shall provide his address proof and shall not change address without permission of this Court.

(iv) The petitioner shall also provide his mobile number as well as mobile number of his wife and shall not change the same. (v) The petitioner shall also provide mobile number of surety.

Direct service is permitted.

Needless to observe that in view of decision of Hon’ble Apex Court in case of Satish P.Bhatt Versus State Of Maharashtra reported in 2024 LiveLaw (SC) 16, in absence of non-compliance of undertaking given before this Court, the interim protection of suspending the sentence of imprisonment and granting bail on furnishing a personal bond shall stand automatically withdrawn without reference to Court."

[2] Today, when the matter is taken up for hearing, Ms. Shivangi M. Rana, learned advocate appearing for the applicant has filed sick- note. Earlier order is passed on 26.04.2024. Despite almost year of passing of the order when interim protection was granted to the revisionist - applicant, the affidavit of direct service is not filed. It is clarified that if by the next date of hearing, the affidavit of direct service is not filed then the stay granted by this Court vide order dated 26.04.2024 would be automatically vacated.

[3] Stand over to 07.04.2025.