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CR.MA/9891/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9891 of 2011
In
CRIMINAL
APPEAL No. 880 of 2011
=========================================
RAJUBHAI
VASTUBHAI KHACHAR & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
MAHESH PUJARA FOR MR ASHISH M DAGLI
for Applicant(s) : 1 -
2.
MR HL JANI, LD. ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 14/07/2011
ORAL
ORDER
Rule.
Mr.Jani, learned Additional
Public Prosecutor, waives service of notice of Rule on behalf of
respondent-State.
By
way of present application, filed under Section 389 of the Code of
Criminal Procedure, 1973, the applicants have prayed to suspend the
sentence imposed by the learned Sessions Judge, Rajkot by order
dated 16th June, 2011 passed in Sessions Case No.165 of
2009 and further prayed to release them on bail pending hearing and
final disposal of the Criminal Appeal.
Heard
Mr.Mahesh Pujara for Mr.Ashish Dagli, learned counsel for the
applicants and Mr.H.L. Jani, learned Additional Public Prosecutor
for respondent-State.
Mr.Pujarat
submitted that the applicants are convicted by the learned Sessions
Judge, Rajkot for the offence punishable under Sections 325 of the
Indian Penal Code and sentenced to undergo rigorous imprisonment for
a period of three years with fine of Rs.5,000/-, and in default of
payment of fine, sentenced to undergo simple imprisonment for a
further period of three months. Mr.Pujarat has further contended
that the applicants have already paid the fine amount. They are on
bail during the trial and at present also, they are on bail till
16th July, 2011. He, therefore, prayed to release the
applicants on bail.
Heard
Mr.Jani and perused the papers produced before me. Looking to the
conviction imposed upon the applicants and as they have already paid
the fine amount as also they are on bail, I am of the opinion that
this is a fit case to allow. Hence, the present application is
allowed to the extent of releasing the applicants on bail. The
applicants are ordered to be released on bail on their furnishing
personal bond of Rs.5,000/- (Rupees Five Thousand Only) each and
also surety of the like amount by each of the accused. Bail before
the concerned trial Court. Rule is made absolute to the aforesaid
extent.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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