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CR.MA/8389/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8389 of 2010
In
CRIMINAL
APPEAL No. 1269 of 2010
=======================================================
YOGESHBHAI
CHHOTABHAI PATEL & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
SK BUKHARI for Applicant(s) : 1 - 2.
MR LR POOJARI APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 30/07/2010
ORAL
ORDER
The
present application has been filed by the applicants-original
accused under Section 389 of the Code of Criminal Procedure, 1973
for suspension of sentence and/or releasing them on bail.
The
applicants-accused have been convicted in Sessions Case No.102 of
2008 by the Learned Principal Sessions Judge, Bharuch as per
Judgment & Order dated 01.07.2010 recording conviction of the
accused under Sections 326 read with Section 114 of the Indian Penal
Code imposing rigorous imprisonment for two years and fine of
Rs.5,000/-, in default, simple imprisonment for three months and
also recording conviction of the accused under Section 135 of the
Bombay Police Act imposing simple imprisonment for three months and
fine of Rs.500/-, in default, simple imprisonment fifteen days.
Having
heard learned counsel, Mr.Bukhari for the applicants-accused and
learned A.P.P., Mr.Poojari for the respondent-State and having
considered the provisions of Section 389 of the Code of Criminal
Procedure, the present application deserves to be allowed.
Accordingly,
the present application stands allowed. Substantive sentence imposed
by the Learned Principal Sessions Judge, Bharuch in Sessions Case
No.102 of 2008 as per Judgment & Order dated 01.07.2010 shall
remain under suspension till final hearing and disposal of this
appeal and the applicants-original accused are ordered to be
released on bail on his executing a bond of Rs.10,000/- (Rupees Ten
Thousand Only) each with one solvent surety of the like amount to
the satisfaction of the lower Court and subject to the conditions
that they shall:
(a) not
take undue advantage of their liberty or abuse their liberty.
(b) not
to try to tamper with the evidence or pressurize the prosecution
witnesses or complainant in any manner.
(c) maintain
law and order.
(d) surrender
their passport, if any, to the lower Court, within a week.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted today.
(RAJESH
H.SHUKLA, J.)
/patil
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