IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION NO. 83 of 2017 ============================================================

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KUMAR PREMMADHAV PERESWAMI....Applicant(s)

Versus STATE OF GUJARAT & 1....Respondent(s)

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Appearance:

MR ZUBIN F BHARDA, ADVOCATE for the Applicant(s) No. 1 MR NJ SHAH APP for the Respondent(s) No. 1 ===============================================================

CORAM: HONOURABLE MR.JUSTICE Z.K.SAIYED Date : 07/03/2017

ORAL ORDER

1. Rule. Learned APP waives service of notice of rule on behalf of respondent State.

2. In the main Criminal Revision Application, the applicant herein original accused has prayed to release him on bail by suspending the sentence imposed by the learned Third Additional Sessions Judge, Navsari, vide judgment and order passed in Criminal Appeal No.22 of 2014 dated 2.1.2017, whereby the learned Sessions Judge has partly allowed the Criminal Appeal, which was preferred against the judgment and order passed by the learned Fourth Additional Chief Judicial Magistrate, Navsari, in Criminal Case No.2110 of 2005 dated 15.7.2016, whereby learned trial Judge has convicted and sentenced the applicant for the offence punishable under Sections 365 and 323 of Indian Penal Code.

3. Learned advocate Mr. Zubin Bharda for the applicant states that the impugned judgment and order passed by the

NEUTRAL CITATION

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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 courts belows, the applicant is required to be enlarged on bail. The sentence imposed by the learned Third Additional Sessions Judge, Navsari, vide judgment and order passed in Criminal Appeal No.22 of 2014 dated 2.1.2017 and learned Fourth Additional Chief Judicial Magistrate, Navsari, in Criminal Case No.2110 of 2005 dated 15.7.2016, are hereby suspended and the applicant shall be released on regular bail on his 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.)

YNVYAS

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