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CR.MA/1090920/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10909 of 2008
In
CRIMINAL
APPEAL No. 2190 of 2008
====================================================
GANESH
JETHA KOLI THAKORE & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
====================================================
Appearance :
MR
PS CHAUDHARY for Applicant(s) : 1 - 3.
MR
UR BHATT, APP for Respondent(s) :
1,
====================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 18/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Rule.
Learned APP Mr.Bhatt waives service of notice of Rule on behalf of
respondent.
Heard
learned advocate Mr.Chaudhary and learned APP Mr.Bhatt.
Following
aspects are considered:-
The
applicants were on bail during the trial and no untoward incident is
reported against any of them, while they were on bail.
No
appeal against acquittal for offence under Section 306 of Indian
Penal Code in respect of appellants No.2 & 3, the husband and
mother-in-law respectively, is preferred.
Applicant
No.1 is father-in-law, who is convicted for offences punishable
under Sections 306 and 498-A of Indian Penal Code, the sentences
awarded to applicant No.1 are 10 years for offence punishable under
Section 306 of IPC and rigorous imprisonment for 3 years for offence
punishable under Section 498-A of IPC. The applicants No.2 and 3 are
sentenced to undergo rigorous imprisonment for 3 years and to pay
fine.
The
complainant has not supported the contents of FIR.
In
light of the above fact, we are inclined to entertain this
application.
The
application is accepted. The sentence imposed by the learned Sessions
Judge, Banaskantha at Palanpur in Sessions Case No.182/2006 is hereby
suspended till final disposal of the appeal. The applicants shall be
released on bail on their executing bond amount of Rs.10000/- (Ten
thousand only) each, and furnishing a surety of like amount to the
satisfaction of the trial Court, on condition that the applicants
shall confine themselves to the State of Gujarat and shall also
surrender their passport, if any. The above order shall operate, only
if and after the fine is paid. Rule made absolute. Direct service
permitted.
(A.L.DAVE,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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