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CR.MA/6631/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6631 of 2010
In
CRIMINAL
APPEAL No. 1000 of 2010
With
CRIMINAL
MISC.APPLICATION No. 6990 of 2010
In
CRIMINAL
APPEAL No. 1050 of 2010
=========================================================
BHOPABHAI
RATNABHAI AALGOTAR & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
AD SHAH Sr. Advocate with MR PP MAJMUDAR
for
Applicant(s) : 1 - 3.
MR KL PANDYA APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE VIJAY MANOHAR SAHAI
Date
: 29/11/2010
COMMON ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Rule.
Learned Additional Public Prosecutor, Mr. Pandya waives service of
Rule on behalf of the State.
2. Heard
learned Senior Advocate Mr AD Shah appearing with Mr Majmudar for
the applicants and learned Additional Public Prosecutor Mr Pandya for
the State.
3. Both
these applications are for suspension of sentence and grant of bail
during pendency of the appeals.
4. Learned
Senior Advocate Mr Shah submitted that looking to the facts of the
case, he does not press the application for applicant No.3-
Laakhabhai Nathabhai Aalgator in Criminal Misc. Application No.6990
of 2010.
5. Following
aspects are considered:-
(1) Original
accused No.1- applicant No.1 in Criminal Misc. Application No.6990 of
2010 is alleged to have inflicted a simple injury on abdominal
portion of the deceased. Applicant No.2 in Criminal Misc. Application
No.6990 of 2010 was original accused No.2 and the applicants in
Criminal Misc. Application No.6631 of 2010 were original accused
Nos.4, 5 and 6.
(2) Original
accused Nos.2, 4, 5 and 6 are not attributed any injury, although it
is alleged that all the accused persons indiscriminately attacked the
deceased with their respective weapons. Only two injuries are noted
in the medical evidence.
(3) Original
accused Nos.4, 5 and 6, the applicants in Criminal Misc. Application
No.6631 of 2010, were on bail during the trial.
6. In
this set of circumstances, we are inclined to entertain these
applications as far as it relates to original accused Nos.1, 2, 4, 5
and 6 i.e. Ramabhai Paanchabhai Aalgotar, Devabhai Paanchabhai
Aalgator, Bhopabhai Ratnabhai Aalgator, Munnabhai Sarabhai Aalgator
and Nathabhai Valabhai Aalgator.
7. Accordingly,
Criminal Misc. Application No.6631 of 2010 is allowed and Criminal
Misc. Application No.6990 of 2010 qua applicant Nos.1 and 2 is
allowed and qua applicant No.3 stands disposed of as not pressed.
The sentence imposed on the applicants -original accused Nos.1, 2, 4,
5 and 6 i.e. Ramabhai Paanchabhai Aalgotar, Devabhai Paanchabhai
Aalgator, Bhopabhai Ratnabhai Aalgator, Munnabhai Sarabhai Aalgator
and Nathabhai Valabhai Aalgator by the learned Additional Sessions
Judge, Fast Track Court No.2, Bhavnagar by judgment and order dated
31.5.2010 passed in Sessions Case No.5 of 2009, is hereby suspended
till final disposal of the appeals. The said applicants are ordered
to be released on bail on their executing a bond of Rs.10,000/-
(Rupees ten thousand only) each and on furnishing a surety each of
the like amount to the satisfaction of the Trial Court, subject to
the conditions that the Trial Court may deem fit to impose.
8. The
above order shall come into operation only if and when the applicants
pay the fine.
9. Rule
is made absolute to the aforesaid extent. Rule is discharged qua
applicant No.3 in Criminal Misc. Application No.6990 of 2010.
10. Direct
service is permitted.
(A.L.
DAVE, J.)
(V.M.
SAHAI, J.)
zgs/-
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