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CR.RA/160/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 160 of 2011
=========================================================
BACHUBHAI
MANGALBHAI CHAVDA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1,
Ms.C.M.Shah, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 05/04/2011
ORAL
ORDER
Leave
to join original complainant as respondent no.2.
This
revision application is filed for quashing and setting aside the
judgment and order dated 30.3.2011 passed in Criminal Appeal No.15 of
2009 by the learned Additional Sessions Judge, 2nd Fast Track Court,
Rajkot and the judgment and order dated 20.3.2009 passed in Criminal
Case No.1943 of 1996 by the learned Chief Judicial Magistrate, Rajkot
convicting and sentencing the present applicant to undergo simple
imprisonment for three months and to pay fine of Rs.1,000/-, in
default, to undergo simple imprisonment for one month under Section
498(A) of Indian Penal Code.
Notice
returnable on 4.5.2011. Learned APP Ms.Shah waives service of notice
for respondent no.1. Office is directed to call for R & P from
the trial Court as well as the Appellate Court so as to reach this
Court on or before 3.5.2011.
Learned
advocate for the applicant submits that though the compromise pursis
executed between the parties was placed on record before delivering
of the judgment, the trial Court has passed the order as referred to
hereinabove and even the appellate Court has also not considered the
said compromise pursis and confirmed the order passed by the trial
Court. The applicant is in jail since 30.3.2011.
Considering
the facts and circumstances of the case, the petitioner is released
on bail on executing personal bond of Rs.5,000/- with surety of like
amount on usual terms and conditions and on condition that he will
not leave India without prior permission of the Court. Direct service
is permitted.
(
M.D.Shah, J )
srilatha
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