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CR.MA/14944/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14944 of 2010
In
CRIMINAL
APPEAL No. 3002 of 2008
=========================================================
NARSINHBHAI
ZAVARABHAI NAYAK - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PRATIK B BAROT for
Applicant(s) : 1,
MR KL PANDYA ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE VIJAY MANOHAR SAHAI
Date
: 10/12/2010
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Rule.
Learned Additional Public Prosecutor, Mr. Pandya waives service of
Rule on behalf of the State.
2. Heard
learned advocate for the applicant and learned Additional Public
Prosecutor for the State.
3. This
is an application for suspension of sentence and grant of bail during
pendency of the appeal.
4. Applicant’s
co-accused Zavarabhai Harjibhai Nayak has been admitted to bail by
this Court by order dated 19.12.2008 in Criminal Misc. Application
No.15283 of 2008. The case of the applicant, therefore, deserves to
be positively considered on the ground of parity.
5. Considering
the above aspects, the application deserves to be allowed and the
same is allowed. The sentence imposed on the applicant-appellant by
the learned Sessions Judge, 3rd Fast Track Court, at
Godhra by judgment and order dated 11.9.2008 passed in Sessions Case
No.164 of 2007, 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.5,000/- (Rupees five thousand only) and on
furnishing a surety of the like amount to the satisfaction of the
Trial Court, and upon such conditions as may be imposed by the Trial
Court;
6. The
above order shall come into operation only if and when the applicant
pays the fine.
7. Rule
is made absolute.
8. Direct
service is permitted.
(A.L.
DAVE, J.)
(V.M.
SAHAI, J.)
zgs/-
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