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CR.MA/7247/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7247 of 2010
In
CRIMINAL APPEAL No. 1372 of 2007
=========================================================
MELO
@ MELAJI JERAMJIBHAI KHAVADIYA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
SUBHADRA G PATEL for
Applicant(s) : 1,
MR RC KODEKAR, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 09/07/2010
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
Rule.
Mr.R.C.Kodekar, learned APP appears and waives service of notice
of rule on behalf of the respondent – State of Gujarat.
Having
regard to the facts of the case, the application is taken up for
hearing today.
The
applicant – convict prisoner, who, vide judgment and order
dated 27.7.2007 rendered in Sessions Case No.70 of 2007 by the
learned Presiding Officer, 3rd Fast Track Court, Gondal,
Camp at Upleta has been convicted for the offences punishable under
Sections 363, 366 and 376 IPC and sentenced to imprisonment for 10
years, has filed this application, praying for suspension of
sentence till the final disposal of the Criminal Appeal No.1372 of
2007 and alternatively it is prayed for passing appropriate order
for expeditious hearing of the criminal appeal.
At
the time of hearing, Ms.Subhadra Patel, learned advocate for the
applicant – accused does not press for prayer for suspension
of sentence, however, she urges that in view of the fact that the
applicant has undergone total period of 4 years and also that the
applicant and victim of rape now want to marry, therefore, the
appeal may be listed for hearing at the earliest.
Mr.R.C.Kodekar,
learned APP, has no objection if the appeal is listed for hearing at
the earliest. In view of this, application succeeds in part and
accordingly it is partly allowed.
Resultantly
, prayer for suspension of sentence is rejected, whereas prayer for
listing the appeal at the earliest is granted.
Registry
is directed to get prepared the paper-book from the trial Court
within a period of one month and thereafter immediately list the
Criminal Appeal No.1372 of 2007 for hearing.
Rule
is made absolute accordingly to the aforesaid extent.
(A.M.KAPADIA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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