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CR.MA/14821/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14821 of 2011
In
CRIMINAL
APPEAL No. 2798 of 2008
=========================================================
AMINABANU
EZAZ SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RAJESH M AGRAWAL for
Applicant(s) : 1,
MR KP RAVAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 16/11/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
Rule.
Ld. APP waives service of rule.
2. This
application was ordered to be listed with the main Criminal Appeal
No. 2798/2008 so as to hear the appeal, if possible. However, that
appeal is tagged with three appeals and Ld. Counsel for the
appellants or the respondent are not in a position to argue and the
Court is not in a position to hear the main appeals for final
disposal.
3. Under
the circumstances, Ld. Counsel Mr. RM Agrawal pressed the present
application for bail mainly on the basis that the applicant, a woman,
was along with her husband in jail since 5/3/2003 and has already
undergone 8 years of imprisonment. It was further submitted that
since the husband of the applicant remains in jail, there is no
chance of the applicant absconding or not abiding by the conditions
of bail. He also submitted that the applicant has good case on merits
in appeal and in view of her personal circumstances of having two
minor sons and two minor daughters living in extremely poor
condition, the application was required to be allowed.
4. Ld.
APP opposed the application on the ground that provisions of section
37 of the Narcotic Drugs and Psychotropic Substances Act were
required to be kept in view while granting bail even after conviction
of the accused.
5. Having
regard to the facts and circumstances of the case and the likelihood
of the Criminal Appeals being not heard in the near future, the
application is allowed and sentence imposed upon the applicant by the
impugned judgment is suspended and the applicant is ordered to be
released on bail on her executing personal bond in the sum of
Rs.10,000/- [Rupees ten thousand only] with one surety of the like
amount, if she is not required to be detained pursuant
to any other case. Bail before the trial Court.
6. The
appeals being Criminal Appeal Nos. 1223/2007, 2798/2008, 2905/2008
and 722/2009 are ordered to be listed for final hearing in the 2nd
week of February, 2012.
Rule
made absolute accordingly. DSP.
(D.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
*
Pansala.
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