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CR.MA/10912/2008 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10912 of 2008
In
CRIMINAL
APPEAL No. 2191 of 2008
=========================================================
DIGVIJAYSINH
MANUBHA DHADHAL & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
NITIN M AMIN for
Applicant(s) : 1 - 3.
MR LR PUJARI ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 25/08/2008
ORAL
ORDER
1. RULE
qua applicant No.1 returnable on 5th September,
2008. Mr. Pujari, learned APP
waives the service of rule on behalf of respondent-State. Office is
directed to call for R & P from the Court of the Additional
Sessions Judge(F.T.C. No.3), Bhavnagar so as to reach this Court on
or before 2nd September, 2008.
2. So
far as the bail application qua applicant Nos. 2 and 3 is concerned,
the same is decided as under.
3. Applicant
Nos.2 and 3 are convicted for the offence punishable under Section
324 of the Indian Penal Code and are sentenced to undergo rigorous
imprisonment for a period of one year and to pay fine of Rs.500/- and
in case of default to undergo simple imprisonment for a period of
fifteen days. Applicant Nos.2 and 3 are also convicted for the
offence punishable under Section 504 of the Indian Penal Code and are
sentenced to undergo simple imprisonment for six months and to pay
fine of Rs.200/- and in case of default to undergo simple
imprisonment for a period of fifteen days and for the offence
punishable under Section 135 of the Bombay Police Act, applicant
Nos.2 and 3 were sentenced to undergo simple imprisonment for a
period of one month and to pay fine of Rs.100/- and in case of
default to undergo simple imprisonment for a period of five days.
From the record it transpires that during the trial applicant Nos.2
and 3 were on bail and no untoward incident was registered against
them. After the pronouncement of the judgment and order dated 2nd
August, 2008, the trial Court released applicant Nos.2 and 3 on bail.
4. In
view of the above and taking into consideration the manner in which
the offence in question took place, roles played by both applicant
Nos.2 and 3 as well as the sentence imposed by the trial Court, this
application deserves to be allowed qua applicant Nos.2 and 3.
5. In
the result, this application is partly allowed qua applicant Nos.2
and 3, only. The applicant Nos. 2 and 3 are released on bail pending
appeal, on their furnishing
personal bonds of Rs.5,000/- along with the surety of the like
amount, by each of them independently, and on condition that they
will not leave India without the prior permission of the concerned
trial Court.
6. Rule
is made absolute to the aforesaid extent. Direct service is
permitted. This application stands disposed of qua applicant Nos.2
and 3, only.
(M.D.
Shah,J.)
cUmesh/
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