IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY SUBORDINATE COURT) NO. 134 of 2017 ========================================================

HIRALBHAI JAGDISHCHANDRA BHATT....Applicant(s)

Versus STATE OF GUJARAT....Respondent(s)

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Appearance:

MR NV GANDHI, ADVOCATE for the Applicant(s) No. 1 MR N.J.SHAH, APP for the Respondent(s) No. 1 ========================================================

CORAM: HONOURABLE MR.JUSTICE Z.K.SAIYED Date : 16/02/2017

ORAL ORDER

1. Rule. Learned APP Mr.N.J.Shah waives service of notice of rule on behalf of respondent State.

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 30.03.2016 passed by the learned 9^th Additional Civil Judge and JMFC, Godhra District Panchmahals in Criminal Case No.1873 of 2012 as well as the judgment and order dated 13.02.2017 passed by the learned Additional Sessions Judge, Panchmahals at Godhra in Criminal Appeal No.35 of 2016 rejecting the appeal filed by the present applicant and confirmed the order passed by the learned 9^th Additional Civil Judge and JMFC, Godhra District Panchmahals, by which, the applicant has been

NEUTRAL CITATION

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Section 279 of the Indian Penal Code and sentenced to undergo simple imprisonment of three months with fine of Rs.500/- and in default 15 days and under section 185 of the Motor Vehicles Act, sentenced to undergo simple imprisonment of three months and fine of Rs.500/- and in default

15 days.

3. Learned Advocate Mr.N.V.Gandhi for the applicant states that the impugned judgment and order passed by the Courts below are required to be set aside as the same are passed without properly appreciating the evidence on record and the Courts below imposed such harsh imprisonment. He, therefore, prays to grant the bail to the applicant by suspending the sentence till disposal of the present Revision Application.

4. Heard learned APP Mr.N.J.Shah appearing for the respondent State.

5. Considering the overall facts and circumstances of the case and sentence imposed by the learned 9^th Additional Civil Judge and JMFC, Godhra District Panchmahals, vide order dated 30.03.2016 in Criminal Case No.1873 of 2012 and confirmed by learned Additional Sessions Judge, Panchmahals at Godhra in Criminal Appeal No.35 of 2016 dated 13.02.2017, the applicant is required to be

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learned 9^th Additional Civil Judge and JMFC, Godhra District Panchmahals, vide order dated 30.03.2016 in Criminal Case No.1873 of 2012 and confirmed by learned Additional Sessions Judge, Panchmahals at Godhra in Criminal Appeal No.35 of 2016 dated 13.02.2017 is hereby suspended and the applicant shall be released on regular bail 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;

Direct service is permitted.

(Z.K.SAIYED, J.)

Tuvar

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