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CR.MA/12558/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12558 of 2008
In
CRIMINAL
APPEAL No. 153 of 2008
=========================================================
IQBALHUSSAIN
MOHAMMEDHUSSAIN SHAIKH - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance
:
MR
CHETAN B RAVAL for
Applicant.
MR UR BHATT, APP, for Respondent-State
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 14/10/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Rule.
Mr.U.R.Bhatt, learned A.P.P., waives service of notice of rule on
behalf of the State.
2. Heard
learned advocate Mr. M.M.Tirmizi for the applicant, and learned
A.P.P. Mr.Bhatt for the State.
3. This
is a successive application preferred by the applicant for suspension
of sentence and grant of bail on the ground that co.accused against
whom charge is of a graver nature, have been admitted to bail by this
Court, pending appeals. The applicant relies on the order passed by
this Court in Criminal Misc. Application No. 10294/2008 in respect of
Husain @ Husain Chor Ahmedbhai Vohar. In the light of this changed
situation, we are inclined to entertain this application.
4. This
application is allowed. The sentence passed by the learned Additional
Sessions Judge, FTC No.2, Ahmedabad City, by judgment and order dated
15.10.2007 passed in Sessions Case No.52 of 2006, is hereby suspended
till final disposal of the appeal. The applicant is ordered to be
released on bail on his executing a bond of Rs.10,000/- and
furnishing a surety of like amount to the satisfaction of the Trial
Court, subject to the conditions that (i) he shall confine himself to
the territorial limits of the State of Gujarat; and (ii) he shall
deposit his passport, if any, with the Trial Court.
5. The
above order shall come into operation only if and when the applicant
pays the fine.
Rule
is made absolute accordingly. Direct Service is permitted.
[
A.L. Dave,J.]
[
J.C.Upadhyaya,J.]
(patel)
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