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CR.RA/397/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 397 of 2010
=========================================================
NARBHERAM
NATHURAM SHRIMALI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR.D
K.PUJ for
Applicant(s) : 1,
MR DC SEJPAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 31/08/2010
ORAL
ORDER
Considering
that the alleged incident took place in the year 1985, it would be
appropriate to hear and dispose of revision application at the
admission stage.
Counsel
for the petitioner further submitted that quite apart from
challenging conviction and sentence, petitioner also, in the
alternative, prays for benefit of probation. He submitted that
petitioner is aged about 75 years. He has repaid the entire amount
allegedly misappropriated by him. Amount itself was not very large.
Considering the above aspects of the matter, issue notice returnable
on 28.9.2010. Learned APP Mr Sejpal waives service of notice for
respondent State.
R
& P be called for from the trial Court so as to reach High Court
before the returnable date.
Simultaneously,
probation officer shall also submit his report whether this is a fit
case where probation, if conviction is ultimately confirmed, should
be granted.
(Akil
Kureshi,J.)
(raghu)
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