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CR.MA/13966/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13966 of 2008
In
CRIMINAL
REVISION APPLICATION No. 692 of 2008
=========================================================
SAUKATALI
K SAIYED
Versus
STATE
OF GUJARAT & 1
=========================================================
Appearance :
MR
AR MAJMUDAR for Applicant(s) : 1,
MR AJ DESAI, ADDL. PUBLIC
PROSECUTOR for Respondent 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 24/10/2008
ORAL
ORDER
RULE.
Mr. A.J. Desi,
learned Additional Public Prosecutor waives service of rule on behalf
of respondent No.1 State.
The applicant,
convicted for an offense punishable under section 138 of the
Negotiable Instruments Act and sentenced to undergo simple
imprisonment for a period of 1 year and directed to pay Rs.60,000/-
to the complainant by judgment and order dated 18.02.08 passed by
13th Additional Senior Civil Judge and JMFC, Krasnodar and
confirmed by 4th Additional Sessions Judge, Krasnodar by
judgment and order dated 08.10.08 in Criminal Appeal No. 16 of 2008,
has preferred Revision Application which has been admitted by this
Court today. By preferring this application, the applicant has prayed
to suspend the said order of conviction and sentence and to release
him on bail pending the hearing and final disposal of the Revision
Application.
Heard learned
advocate Mr. Majmudar for the petitioner and Mr. Desi, learned APP
for the State. Mr. Majmudar states that the applicant has yet not
paid the amount of Rs.60,000/- as ordered by the courts below, but he
undertakes that if the petitioner is released on bail, the said
amount will be deposited in the trial Court within a reasonable time.
Considering the
above undertaking and the fact that it is a short sentence matter,
the petitioner is ordered to be enlarged on bail on his furnishing a
bond of Rs.5,000/- [Rupees five thousand only] with one surety of the
like amount to the satisfaction of the trial court and subject to the
conditions that:-
1. The petitioner
shall deposit an amount of Rs.60,000/- before the trial Court on or
before 24.11.2008.
2. The petitioner
shall not involve himself in such or similar offense hereafter.
3. The petitioner
shall not leave the territorial limits of the State of Gujarat
without prior permission of this Court.
4. The petitioner
shall surrender his passport, if any, to the trial Court.
In the meanwhile,
the substantive sentence shall remain under suspension. Bail bond
before the trial Court.
It is, however,
clarified that if the amount as directed herein above is not
deposited or if breach of any of the above conditions is committed,
the bail granted by this Court shall stand automatically canceled and
the Courts below will be free to issue warrant or to take appropriate
action in the matter.
Direct Service is
permitted.
mathew [H.B.ANTANI,
J.]
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