Gujarat High Court Case Information System
Print
CR.MA/1664/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1664 of 2011
In
CRIMINAL
APPEAL No. 1037 of 2009
=========================================
KALAJI
RAVAJIBHAI
Versus
STATE
OF GUJARAT & 1
=========================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MR. L.B.DABHI, APP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 10/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
RULE.
Mr.
L.B.Dabhi, learned APP appears and waives service of notice of Rule
on behalf of the Respondent – State of Gujarat.
Having
regard to the facts of the case, the application is taken up for
hearing today.
The
Applicant – convict, who vide judgment and order dated
20.5.2009 rendered in Sessions Case No. 41 of 2008 by the learned
Additional Sessions Judge and Presiding Officer, Fast Track Court
No.2, Chota Udepur, Vadodara, has been convicted
for the offence punishable under Section 201 read wit Section 114 of
the Indian Penal Code, and sentenced to suffer RI for 5 years, has
filed this Application through jail authority, praying for
suspension of sentence and to release him on regular bail during the
pendency and final hearing of the above numbered Criminal Appeal.
Alternatively, it is also prayed for expeditious hearing of the
above numbered Criminal Appeal.
We
have considered the submission advanced by Mr. L.B.Dabhi, learned
APP for the Respondent – State of Gujarat and perused the
averments made in the Application so also the jail remark sheet
forwarded by the jail authority along with the Application as well
as the judgment and order of conviction and sentence recorded
against the Applicant for the offence under Section 201 read with
Section 114 of IPC.
So far as
the prayer for suspension of sentence and to release the Applicant
on regular bail during the pendency and final hearing of the above
numbered Criminal Appeal is concerned, according to us, no case is
made out by the Applicant for suspension of sentence and to release
him on regular bail during the pendency and final hearing of the
above numbered Criminal Appeal.
So far as
the alternative prayer for expeditious hearing of the above numbered
Criminal Appeal is concerned, upon perusal of the record of the
case, we have noticed that one co-accused named Chimanbhai, who has
been convicted for the offence punishable under Section 302 IPC and
sentenced to imprisonment for life, has also filed Criminal Appeal,
which is pending for final disposal. Therefore, at this stage,
unless the Appeal filed by the co-accused is heard, this Appeal
cannot be heard.
Seen
in the above context, none of the prayers can be granted.
For
the foregoing reasons, the application fails and accordingly it is
rejected.
Rule
is discharged.
(A.M.Kapadia,J)
(B.N.Mehta,J)
Jayanti*
Top