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CR.MA/11063/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11063 of 2010
In
CRIMINAL
APPEAL No. 1110 of 2010
=========================================
VIJAY
RAM ASHRAY KANOJIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR ASHISH M
DAGLI for
Applicant(s) : 1,
MR HL JANI, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 29/10/2010
ORAL
ORDER
Rule.
Mr.H.L. Jani, learned
Additional Public Prosecutor, waives service of Rule on behalf of
the respondent-State.
Present
application is filed by the applicant under Section 389 of the Code
of Criminal Procedure, 1973 to suspend substantive sentence imposed
upon him vide judgment and order dated 14th June 2010
passed by the learned Sessions Judge, Ahmedabad in Special Case
No.360 of 2007 by releasing the applicant on bail during the
pendency of the appeal.
The
learned Sessions Judge, Ahmedabad by his judgment and order dated
14th June 2010 convicted the applicant for the offence
punishable under Section 376 of the Indian Penal Code and ordered to
undergo rigorous imprisonment for five years and fine of Rs.5,000/-,
and in default of payment of fine, ordered to undergo simple
imprisonment for a further period of three months.
Heard
Mr.Ashish Dagli, learned counsel for the applicant and Mr.H.L. Jani,
learned Additional Public Prosecutor for the respondent-State.
I
have gone through the papers produced before me as well as the
judgment and order of conviction passed by the learned Sessions
Judge, Ahmedabad.
Looking
to the facts of the case, I am of the opinion that this is a fit
case to suspend the sentence awarded to the applicant. Hence, the
present application is hereby allowed. The substantive sentence is
hereby placed under suspension pending hearing and disposal of the
main appeal and the applicant-original accused is hereby ordered to
be released on bail on his furnishing surety of Rs.10,000/- and a
personal bond of the like amount on usual terms and conditions. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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