- (1.)HEARD the learned advocate for the applicant and the learned APP.
(2.)BY order dated 24th January 2006 in Criminal Misc. Application No.149 of 2006 passed by this Court [Coram: Hon'ble Mr. Justice Akshay H. Mehta, as His Lordship then was], the applicant herein came to be enlarged on bail by imposing certain conditions and one of such conditions was to deposit Rs.1,50,000/ - with the Society -Complainant and, on release, the applicant should deposit further sum of Rs.7 lakhs. As per the above order dated 24th January 2006, the applicant could deposit only Rs.1,50,000/ - with the Society and xerox copy of the receipt dated 2nd February 2006 is produced along with this application.
(3.)IN a case tried by the learned Chief Judicial Magistrate, Bhavnagar, initially, as per the judgment and order dated 27th March 2009 passed in Criminal Case No.9033 of 2005, the applicant was convicted for the offence under Section 408 of IPC and sentenced for. five years R.I. and to pay fine of Rs.24 lakhs in default to undergo one year R.I. and further he was sentenced for two years for the offence under Section 418 of the IPC and three years for the offence under Section 477(A) of the IPC. All the sentences were ordered to run concurrently.
In Criminal Appeal No.42 of 2009 and Criminal Appeal No.45 of 2009 filed by the State [for enhancement of sentence] and the applicant [to set aside the above conviction], the learned Additional Sessions Judge, Fast Track Court No.1, Bhavnagar, by judgment and order dated 20th February 2010, modified the judgment and order dated 27th March 2009 passed by the learned Chief Judicial Magistrate, Bhavnagar, in Criminal Case No.9033 of 2005 and acquitted the applicant qua offence under Sections 408, 421, 467, 468 and 477A of the IPC, while the applicant was ordered to undergo RI for two years for the offence under Section 418 of the IPC which, according to the applicant, he had already undergone since he could not deposit the amount as ordered by this Court while enlarging him on bail by order dated 24th January 2006 in Criminal Misc. Application No.149 of 2006.