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CR.MA/1793/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1793 of 2011
In
CRIMINAL
APPEAL No. 1203 of 2008
=========================================================
IMRANKHAN
ANVARKHAN - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR. DABHI, APP, for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 14/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1. Rule.
Mr. Dabhi, learned APP, appears and waives service of rule on behalf
of the respondent State of Gujarat.
2. Having
regard to the facts of the case, the application is taken up for
hearing today.
3. The
applicant-convict who, by judgement and order dated 14.6.2007
rendered in Sessions Case No. 138 of 2004 by learned Additional City
Sessions Judge, Fast Track Court No. 8, Vadodara, has been convicted
for the offences punishable under Section 395 etc. of the Indian
Penal Code and sentenced to suffer rigorous imprisonment for 10
years, has filed this application through jail authority praying for
suspension of sentence and to release him on regular bail during the
pendency and final hearing of the above numebred Criminal Appeal.
Alternative, he has also prayed that hearing of the above numbered
Criminal Appeal may be expedited as the appeals filed by four
co-accused have been decided on 24.8.2009.
4. Having
considered the submissions advanced by Mr. Dabhi, learned APP for the
respondent State of Gujarat and upon perusal of the averments made in
the application so also jail remark sheet and copy of the farad of
the judgement and order of this Court dated 24.8.2009 rendered in
Criminal Appeal No. 956 of 2007 with Criminal Appeal No. 965 of 2007
with Criminal Appeal No. 1190 of 2007 with Criminal Appeal No. 1214
of 2007, according to us, no ground is made out for suspension of
sentence and to release him on regular bail. However, it is seen that
applicant is original accused No. 2 in Sessions Case No. 138 of 2004.
It can be said from the copy of the farad that four separate Criminal
Appeals filed by the co-accused have been decided by the co-ordinate
Bench of this Court vide judgement and order dated 24.8.2009.
5. In
view of the above, since separate four Criminal Appeals filed by the
co-accused have been decided by a co-ordinate Bench of this Court,
this appeal is also required to be decided as early as possible.
6. For
the foregoing reasons, the prayer for suspension of sentence and to
release the applicant on bail is rejected. However, the prayer for
early hearing of the appeal is granted. Accordingly, the Registry is
directed to notify the above numbered Criminal Appeal on final
hearing board in the third week of March, 2011 by showing it on a
separate board.
7. Rule
is made absolute to the aforesaid extent.
(A.M.
KAPADIA, J)
(BANKIM N. MEHTA, J)
(pkn)
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