Gujarat High Court High Court

Criminal Misc.Application No. … vs Mr Bm Mangukiya For Petitioner No on 3 August, 2010

Gujarat High Court
Criminal Misc.Application No. … vs Mr Bm Mangukiya For Petitioner No on 3 August, 2010
Author: D.K.Trivedi,&Nbsp;Honourable Mr.Justice J.R.Vora,&Nbsp;
     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



     CRIMINAL MISC.APPLICATION No 2844 of 2003


             in


     CRIMINAL APPEALNo 635        of 2000



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     BECHARBHAI BHAGVANBHAI KAKADIA
Versus
     STATE OF GUJARAT
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     Appearance:
     1. Criminal Misc.Application No. 2844 of 2003
          THROUGH JAIL for Petitioner No. 1
          MR BM MANGUKIYA for Petitioner No. 1
          Mr.I.M.Pandya,learned APP for Respondents


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                  CORAM : MR.JUSTICE D.K.TRIVEDI
                                     and
                          MR.JUSTICE J.R.VORA


                  Date of Order: 05/05/2003


ORAL ORDER

(Per : MR.JUSTICE D.K.TRIVEDI)
This application is filed by the applicant
accused through jail. The applicant accused was released
on temporary bail for 15 days as per order dated
29.10.2001. However, he could not avail of the said bail
as he was also involved in another case, which was
pending and in that case the accused has not obtained any
bail. While filing this Application, it is his case that
in the pending case, he was convicted by the learned
trial Judge on 25.3.2003 and he was ordered to suffer
simple imprisonment for 3 years and accordingly request
is made that fresh order be passed for releasing him on
temporary bail. There is nothing to indicate that the
applicant had preferred Appeal in view of the conviction
recorded by the learned trial Judge in subsequent case on
25.3.2003. In absence of such information, it will not
be proper for this court to entertain this Application as
prayed for by the applicant. However,liberty is granted
to the applicant to move this court after producing the
order in respect of the Appeal filed by him and the order
of bail obtained in the matter, where he was convicted by
the learned trial Judge on 25.3.2003. Accordingly
rejected.

Dt:5.5.2003(D.K.Trivedi,J)

(J.R.Vora,J)
arg