JAYANTIBHAI RAVJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule for and on behalf of the respondent - State.

(2.) Heard Ms. Manjula Chauhan, learned advocate for the applicant-convict. Learned advocate has placed on record the details of amount of the penalty imposed by the learned Judicial Magistrate. She has placed reliance upon the order dtd. 24/5/2023 passed by the learned Additional Sessions Judge, Dhrangadhra in CRMA No. 179 of 2023 and allied matters and has submitted that the convict has approached the Court of learned Additional Sessions Judge by way of an appeal under Sec. 378(4) of Cr.P.C. along with leave to appeal. The convict has also preferred an application seeking suspension of sentence. However, as on date the delay has been condoned and the admission and hearing of the appeal along with suspension of sentence would take some time. She has, therefore, urged this Court to consider the present application for parole leave on the ground that the applicant-convict may make arrangement towards payment of the fine amount as imposed by the learned Magistrate in the proceedings under Sec. 138 of NI Act wherein the present applicant-convict has been convicted.

(3.) Learned APP Mr. Hardik Mehta has appeared on behalf of respondent-State. He has placed on record the jail remarks and has opposed the grant of present application. The attention of this Court is invited to the amount of fine being imposed by the learned Magistrate in each of the case and has submitted that the applicant- convict has been recently convicted by the learned Magistrate by order dtd. 5/6/2023 and the applicant- convict has undergone brief period of sentence. He has alternatively submitted that let strict condition be imposed in order to secure the payment of fine amount, which the applicant-convict intends to deposit before the learned Sessions Judge.