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CR.MA/11231/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11231 of 2010
In
CRIMINAL
APPEAL No. 1624 of 2010
=========================================
NARENDRABHAI
BHANUSHANKAR JOSHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR YOGESH
LAKHANI FOR M/S S G ASSOCIATES
for Applicant(s) : 1,
MR
HH PARIKH, LD. ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 22/09/2010
ORAL
ORDER
Rule.
Mr.H.H. Parikh, learned
Additional Public Prosecutor, waives service of Rule on behalf of
the respondent-State.
Heard
Mr.Yogesh Lakhani, learned senior counsel for M/s. S.G. Associates,
for the applicant and Mr.H.H. Parikh, learned Additional Public
Prosecutor for the respondent-State.
Today
this Court has admitted the appeal filed by the applicant-original
accused against the judgment and order of conviction and sentence
dated 14th September 2010 passed by the learned
Additional District and Sessions Judge, Porbandar, in Special Case
(ACB) No.01 of 2006. The present applicant-accused is on bail at
present. Amount of fine is already paid by the present
applicant-accused. As the present applicant-accused has been awarded
three years’ imprisonment, it would be in the interest of justice to
allow this application.
In
view of above facts and circumstances of the case emerging from the
record and in view of the fact that the applicant is on bail at
present for 30 days and the applicant has paid the amount of fine,
present application is hereby allowed. The substantive sentence is
hereby placed under suspension pending hearing and disposal of the
main appeal and the applicant-original accused is hereby ordered to
be released on same bail, fresh bond.
Bail bond to be executed before the concerned trial Court.
However,
the applicant-accused is permitted to file separate application for
stay and suspension of the judgment and order of conviction dated
14th September 2010 passed by the learned Additional
District and Sessions Judge, Porbandar, in Special Case (ACB) No.01
of 2006. Rule is made absolute accordingly.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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