Gujarat High Court Case Information System
Print
CR.MA/11658/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11658 of 2010
In
CRIMINAL
APPEAL No. 1664 of 2010
=========================================
PATEL
BECHARBHAI DWARKADAS - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR DHAVAL N
VAKIL for
Applicant(s) : 1,
MR RC KODEKAR, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 30/09/2010
ORAL
ORDER
Rule.
Mr.R.C. Kodekar, learned
Additional Public Prosecutor, waives service of Rule on behalf of
the respondent-State.
Heard
Mr.Dhaval Vakil, learned counsel for the applicant and Mr.R.C.
Kodekar, learned Additional Public Prosecutor for the
respondent-State.
Today
this Court has admitted the appeal filed by the applicant-original
accused against the judgment and order of conviction and sentence
dated 08th September 2010 passed by the learned Special
Judge (Electricity), Mehsana in Special Electricity Case No.01 of
2010.
Mr.Vakil
has submitted that the thereafter the applicant file application
under Section 389(3) of the Code of Criminal Procedure, 1973 and the
learned Judge was pleased to suspend the sentence for the period of
one month. Mr.Vakil has also submitted that the applicant has
already paid the fine amount.
In
view of above facts and circumstances of the case emerging from the
record and in view of the fact that the learned Judge has stayed the
sentence for a period of one month and when the applicant has paid
the amount of fine, present application is hereby allowed. The
substantive sentence is hereby placed under suspension pending
hearing and disposal of the main appeal and the applicants-original
accused are hereby ordered to be released on same bail, fresh
bond. Bail
bond to be executed before the concerned trial Court. Rule is made
absolute to the aforesaid extent.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
Top