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CR.MA/12631/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12631 of 2008
In
CRIMINAL
APPEAL No. 2594 of 2008
=========================================================
UMEDJI
BIJOLJI THAKOR
Versus
STATE
OF GUJARAT
=========================================================
Appearance :
MR
MAHENDRA U VORA for Applicant(s) : 1,
MR PM BHATE, ADDL. PUBLIC
PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 06/10/2008
ORAL
ORDER
Rule. Mr. Bhate,
learned Additional Public Prosecutor waives service of rule on behalf
of the respondent State.
Heard learned
advocate Mr. Vora for the petitioner and Mr. Bhate, learned APP for
the State.
Learned advocate
for the petitioner submitted that the petitioner was on bail
throughout the trial. He further submitted that even after the
judgment was delivered, the petitioner was enlarged on bail by the
trial Court and he has already paid fine of Rs.500/-. He submitted
that the petitioner has a good, arguable case and there are all
chances of his succeeding in the appeal. He further submitted that
looking to the facts and circumstances of the case and the large
pendency of matters, this is a fit case wherein the petitioner is
required to be released on bail during the pendency of the appeal.
Mr. Bhate,
learned APP, on the other hand opposed the application.
Considering the
submissions made by the learned advocate for the petitioner and the
reasons assigned by the learned trial Judge in the judgment and order
dated 30.08.08 in Special Case [Atrocity] No. 36 of 2008, in my
considered view, the petitioner is required to be released on bail
during the pendency of the appeal.
In view of the
above, the application is allowed. The petitioner-convict is ordered
to be released on bail on the same terms as was ordered by the trial
Court but he shall furnish fresh bonds. The substantive sentence
shall remain suspended till the final disposal of the appeal.
The application
is allowed accordingly. Rule made absolute accordingly.
mathew [H.B.ANTANI,
J.]
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