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CR.MA/536/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 536 of 2010
In
CRIMINAL
APPEAL No. 111 of 2010
=========================================================
ASHOKBHAI
BAVANJIBHAI GOHEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RUTVIJ S OZA for
Applicant(s) : 1,
MR LR PUJARI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 21/01/2010
ORAL
ORDER
Learned
advocate for the applicant is permitted to put the Annexures in
order.
Rule.
Learned APP Mr.Pujari waives service of rule on behalf of respondent-
State.
The
present applicant has been convicted for the offence punishable under
Sec.135 of the Indian Electricity Act, 2003 and he was sentenced to
suffer two years rigorous imprisonment with fine of Rs.9,90,735/-, in
default, to suffer simple imprisonment of one year by the learned
Additional Sessions Judge, Rajkot in Special Criminal Case No.5 of
2007 (G.E.B.) vide judgment and order dated 22.12.2009.
It
is submitted by learned advocate that during trial the applicant was
on bail and after pronouncement of the judgment and order, the trial
Court has suspended the sentence and ordered to release the applicant
on bail as the applicant has deposited Rs.25,000/- towards part
payment of fine.
Considering
the above, the applicant is ordered to be released on bail on his
executing a personal bond of Rs.10,000/- (Rupees Ten thousand only)
with a solvent surety of like amount before the trial Court and on
condition that he shall not leave India without the prior permission
of the Court. On being released on bail, the applicant shall deposit
Rs.1,00,000/- (Rupees One Lakh only) before the trial Court within
one month and if this condition will not be complied with by the
applicant, then the bail granted by this Court shall stand cancelled
automatically.
This
application is allowed accordingly and rule is made absolute to the
aforesaid extent only.
D.S.permitted.
(M.D.Shah, J.)
Sreeram.
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