By filing this application, the applicant has sought bail during the pendency of appeal in connection with the order of conviction passed by learned Additional Sessions Judge, City Session Court, Ahmedabad on 21/1/2012 in Session Case No. 302/2011.
I have heard learned advocate Mr. Goswami for the applicant and learned APP Ms. CM Shah for the State.
Learned advocate Mr. Goswami submitted that the applicant has been in jail since more than two years and four months and it is not likely that the matter would be heard within short time. Therefore, the sentence of imprisonment imposed by the trial Court is required to be suspended and the applicant is required to be enlarged on bail.
Learned APP Ms. Shah has opposed the bail on the ground that the applicant is convicted for a serious offence and hence the sentence should not be suspended.
It appears from the Jail Report that the applicant is aged about sixty eight years and has undergone sentence of about two years, four months and two days. It also appears from the impugned judgment that the applicant is sentenced to undergo imprisonment of five years. It is also stated that the applicant has paid the fine imposed by the Trial Court.
It is not likely that the appeal would be heard within short time. The jail report indicates that the applicant has undergone almost half of sentence imposed upon her. It also appears that the applicant is lady aged about sixty eight years. It is not likely that the appeal would be heard within short time. Therefore, sentence imposed upon the applicant is required to be suspended during pendency of appeal and applicant is required to be released on bail.
In view of the above, the application is allowed. The order of substantive sentence of imprisonment imposed upon the applicant by the Trial Court is suspended during pendency of appeal and the applicant is ordered to be released on bail on executing personal bond in the sum of Rs. 5000/- and surety of like amount before the Trial Court on usual terms. Direct service is permitted.
(BANKIM.N.MEHTA, J) *asma Top