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CR.MA/2093/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2093 of 2010
In
CRIMINAL
APPEAL No. 379 of
2010
=========================================================
VIJAYKUMAR
@ LALJI BHAGWATIPRASAD GUPTA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MADANSINGHOBAROD
for
Applicant(s) : 1,
MS TK PATEL, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 25/03/2010
ORAL ORDER
Rule. Learned A.P.P.
Ms.T.K.Patel waives service of Rule on behalf of the
respondent-State. Having regard to the facts and circumstances of
the case, this application is taken up for hearing today.
This application is
preferred under Section 389 of the Code of Criminal Procedure, 1973
seeking bail against the order of conviction dated 28.01.2010 passed
by the learned Presiding Officer and Principal District Judge,
Mehsana in Sessions Case No.57 of 2009 by which the learned Judge
has convicted applicant for offence punishable under section 323 of
Indian Penal Code for period of six months imprisonment and fine of
Rs. 500/- and in default of fine further S.I. for 15 days.
Considering the aforesaid
fact and since the appeal is arising out of short sentence imposed
by the learned Judge and the pendency of large number of matters,
the prayer, as set out in the application is granted and the
applicant, in my view, deserves to be enlarged on bail.
For the foregoing
reasons, the application is allowed and the applicant 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
he shall:-
not leave the
territorial limits of the State of Gujarat without prior permission
of this Court;
not involve himself in
such or similar offence hereafter;
The applicant shall
surrender his passport, if any, before the trial court concerned.
In the meanwhile,
judgment and order of conviction and sentence dated 28.01.2010
passed by the learned Presiding Officer and Principal District
Judge, Mehsana in Sessions Case No.57 of 2009 shall remain suspended
during the pendency and final disposal of the appeal.
Rule is made absolute to
the aforesaid extent. Direct service is permitted.
(H.B.ANTANI,
J.)
Amit/-
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