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CR.MA/1254320/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12543 of 2008
In
CRIMINAL
APPEAL No. 1376 of 2007
====================================================
AMIRKHAN
MOHMMADKHAN PATHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
====================================================
Appearance :
MR YS
LAKHANI, Sr.Advocate with MR VIJAL P DESAI for
Applicant(s) : 1,
MR UR BHATT, APP
for Respondent(s) :
1,
====================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 30/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
1. Rule.
Learned APP Mr.Bhatt waives service of notice of Rule on behalf of
respondent.
2. This
is an application for suspension of sentence and grant of bail
preferred by the applicant as a successive application. Earlier
application bearing Criminal Misc.Application No.14149 of 2007 was
not pressed at that stage, as can be seen from order dated
23.01.2008. Now, during the interregnum period, other co-accused
Rafik Phir Mohammad Sheikh and Hussain @ Hussain Chor Ahmedbhai
Vohra have been granted similar benefit by orders passed in Criminal
Misc.Application No.10256 of 2008 dated 8.9.2008 and Criminal
Misc.Application No.10294 of 2008 dated 22.9.2008, and, therefore,
this application.
3. We
have heard learned Sr.Advocate Mr.Lakhani with Mr.Vijal P.Desai and
learned APP Mr.Bhatt.
4. Our
attention is drawn to the fact that the role attributed to the
applicant is far lower grave than the role attributed to others. In
this set of circumstance, we are inclined to entertain this
application.
5. Sentence
passed by the trial Court impugned in the appeal is suspended till
final disposal of the application. The applicant shall be released on
bail on his executing a personal bond of Rs.10000/- (Rupees Ten
thousand only) and offering a surety of like amount to the
satisfaction of the trial Court, on condition that he shall confine
himself to the State of Gujarat and shall surrender his passport, if
any, before the trial Court.
6. The
above order shall operate only, if and after, the amount of fine is
paid. Rule made absolute. Direct service permitted.
(A.L.DAVE,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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