SANJAYBHAI NARANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr.K.P.Rawal, learned Additional Public Prosecutor waives service of notice of RULE on behalf of the respondent-State.

(2.) IN the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present Criminal Revision Application is taken up for final hearing today.

(3.) MS.Nisha Parikh, learned advocate appearing on behalf of the petitioner ? original accused has vehemently submitted that the applicant ? original accused is convicted by learned Chief Judicial Magistrate, Vadodara for the offence punishable under Sections 408, 420, 465, 467, 471 and 114 of the Indian Penal Code and is sentenced to undergo 5 years R.I. and to pay a fine of Rs.5,000/-. Out of which the petitioner has already undergone sentence of 4 ? years and, therefore, substantial sentence is already undergone by the petitioner and, therefore, learned Appellate Court has materially erred in not releasing the petitioner on bail during the pendency and final disposal of Criminal Appeal No.64/2010. It is submitted that if the petitioner is not released on bail now in that case even if the petitioner succeeds in Appeal, in that case, period of sentence would be over and his Appeal would become infructuous and, therefore, it is requested to release the petitioner on bail on any condition that may be imposed by this Court.