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CR.MA/376/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 376 of 2011
In
CRIMINAL
APPEAL No. 890 of 2007
=========================================
ASHOKKUMAR
BHOJRAJ
Versus
STATE
OF GUJARAT & 1
=========================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MR. R.C.KODEKAR, APP for Respondent(s)
: 1,
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 19/01/2011
ORAL
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 24.5.2007 rendered in Sessions Case No.130 of 2006 by the
learned Additional Sessions Judge, Godhra, has been convicted for
the offence punishable under Section 376 of the Indian Penal Code
and sentenced to suffer RI for 10 years, has filed this application
through jail authority, praying for suspension of sentence and to
release him on regular bail during the pendency and final hearing of
the above numbered Criminal Appeal. Alternatively, it is also
prayed to pass appropriate order for expeditious hearing of the
Criminal Appeal.
We
have heard Mr.R.C.Kodekar, learned APP for the Respondent –
State of Gujarat and perused the averments made in the application
so also the jail remark sheet forwarded by the jail authority
alongwith the application.
Upon
perusal of the impugned judgment and order, against which the above
numbered Criminal Appeal is pending, according to us, no case is
made out for suspension of sentence and to release the applicant
convict on regular bail. Therefore, prayer seeking regular bail
during the pendency and final hearing of the Criminal Appeal cannot
be entertained.
So
far as the second prayer for passing appropriate order for
expeditious hearing of the Appeal is concerned, the above numbered
Criminal Appeal is already listed on final hearing board and
therefore the said prayer is not required to be granted.
In
view of this, since the applicant convict has failed to make out any
case for regular bail, the application deserves to be rejected.
For
the foregoing reasons, the application fails and accordingly it is
rejected.
Rule
is discharged.
(A.M.Kapadia,J)
(B.N.Mehta,J)
Jayanti*
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