STATE OF GUJARAT Vs. LAXMAN SINGH CHANDRASINGH PADHIYAR

JUDGEMENT

(1.) Rule. Learned counsel Mr.B.B.Naik waives service of notice of Rule on behalf of the respondent. 1. This Criminal Revision Application has been preferred by the State of Gujarat against the judgment and order dated 30th August,2007 passed by learned Additional Sessions Judge, Fast Track Court No.8, Vadodara in Criminal Revision Application No.206 of 2007, whereby bail has been granted to the respondent in connection with the offence registered with Karjan Police Station bearing C.R.No.I 42 of 2007, for the offence punishable under Sections 406, 420, 417, 408, 409, 465, 467, 468, 471, 120(B) and 114 of the Indian Penal Code, mainly for the reason that charge -sheet/ challan has not been filed by the police within a period of sixty days and, therefore, bail has been granted to the respondent -accused, under Section 167(2) of the Code of Criminal Procedure,1973. Against this judgement and award dated 30th August,2007, the State has preferred this Criminal Revision Application for cancellation of bail.

(2.) Learned Additional Public Prosecutor on behalf of the applicant -State submitted that : -

(3.) Learned counsel for the respondent has relied upon the decisions delivered by the Hon'ble Supreme Court reported in AIR 2001 SC 2369 and AIR 2001 SC 1910 and has submitted that if the sentence can be awarded less than 10 years, then minimum sentence is to be seen and not the maximum sentence. If the sentence can be awarded from one year to life imprisonment, the Court has to see the fact that if the one year sentence is awarded, the charge -sheet ought to have been filed within a period of sixty days and, therefore, the interpretation of the learned Additional Sessions Judge, Vadodara, is absolutely true and correct and, therefore, this Criminal Revision Application preferred by the State deserves to be dismissed.