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CR.MA/4877/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4877 of 2010
In
CRIMINAL
APPEAL No. 773 of 2010
=========================================================
ABDULBHAI
SIDIKBHAI MOVER - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SANDEEP N BHATT for
Applicant(s) : 1,
MR DEVANG VYAS APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 14/05/2010
ORAL
ORDER
1. Rule.
Learned A.P.P. Mr.Devang Vyas waives service of Rule on behalf of the
State. Having regard to the facts and circumstances of the case, this
application is taken up for hearing today.
2. This
application is preferred by the applicant under Section 389 of the
Code of Criminal Procedure against the judgment and order of
conviction dated 31.03.2010 passed by the learned Presiding Officer
and Additional Sessions Judge, 4th F.T.C., Rajkot in
Sessions Case No.67 of 2007 by which, the learned Judge has convicted
the applicant and imposed sentence for the offence punishable under
Section 498A for R.I. for one year and six months and fine of
Rs.3000/-, in default, S.I. for one month and under Section 306 for
R.I. for five years and fine of Rs.5000/-, in default, S.I. for two
months.
3. I
have considered the submissions canvassed by the learned counsel for
both the sides and averments made in the application. Considering the
said aspect and the fact that the appeal is arising from the short
sentence imposed by the learned Judge and considering the pendency of
large number of matters, I am of the view that the applicant deserves
to be enlarged on bail on ‘same bail fresh bonds’ on usual terms and
conditions.
4. In
the meanwhile, substantive sentence imposed by the learned Judge
shall remain suspended during pendency and final disposal of the
appeal.
5. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(H.B.ANTANI,
J.)
Hitesh
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