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CR.A/1/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 1 of 2010
with
CRIMINAL
MISC.APPLICATION NO.3 OF
2010
=========================================================
RAMABHAI
SHIVABHAI SUTARIA - Appellant(s)
Versus
STATE
OF GUJARAT - Opponent(s)
=========================================================
Appearance
:
MR
JV JAPEE for
Appellant(s) : 1,
MR JK SHAH ASST. PUBLIC PROSECUTOR for
Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 04/01/2010
ORAL
ORDER
IN APPEAL
ADMIT.
ORAL
ORDER IN APPLICATION
RULE.
Mr. J.K.Shah, learned A.P.P. waives service of notice of Rule for the
respondent State.
With
the consent of the learned advocates for the parties, this
application is taken up for final hearing today. Having regard to the
facts and circumstances of the case and the fact that the applicant
is sentenced to undergo imprisonment for one year and has been in
custody after the disposal of appeal and it is not likely that the
appeal would be heard within short time, the application is required
to be allowed and substantive sentence of imprisonment is required to
be suspended till final disposal of the appeal.
Hence,
this application is allowed. The order of substantive sentence of
imprisonment imposed by the learned sessions Judge, Sabarkantha at
Himmatnagar on 30.12.2009 in Criminal Appeal No.24 of 2008 is
suspended during
the pendency of the appeal and the applicant
is enlarged on bail on his furnishing a surety of Rs.5,000/- and
personal bond of the like amount on the following conditions:-
(1) The
applicant shall not leave India without prior permission of this
Court.
(2) The
applicant shall not involve himself in such or similar offence
hereafter.
Bail
bond before the Trial Court. Rule is made absolute.
Direct
service is permitted.
(BANKIM.N.MEHTA,
J.)
~gaurav~
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