JOGESHKUMAR KRISHNA KUMAR RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned APP Mr. Jani waives service of Rule on behalf of the respondent State.

(2.) THIS application is preferred by the applicant under Section 389 of the Code of Criminal Procedure seeking bail against the judgment and order of conviction and sentence passed by the learned 5th Judicial Magistrate First Class, Ahmedabad (Rural), Mirzapur in Criminal Case No.7670 of 2005 dated 20.3.2009 by which the learned Magistrate has convicted the applicant for the offence punishable under Section 138 of Negotiable Instruments ACt and sentenced to undergo for a period of two months S.I and fine of L 5000/ -, in default, to further undergo two months S.I. The said order is challenged before the learned Additional Sessions Judge, Fast Track Court No.4, Ahmedabad (Rural) and he has dismissed the Criminal Appeal No.22 of 2009 vide order dated 7.5.2010 by confirming the order of the learned Magistrate.

(3.) LEARNED advocate Mr. Patel for the applicant submitted that as per Section 389 of Code of Criminal Procedure, the applicant is required to be released on bail as he is imposed very short sentence. He also submitted that the applicant has deposited fine amount before the concerned trial Court. He also submitted that learned Magistrate granted bail the applicant after passing the order of conviction and sentence. The applicant is now in jail. He, therefore, prays to release the applicant on bail during the hearing of this Revision.