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CR.MA/14171/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14171 of 2010
In
CRIMINAL
APPEAL No. 865 of 2001
=========================================================
GOVAJI
SENDHAJI
Versus
STATE
OF GUJARAT & 1
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant.
MS CM SHAH, ADDL.PUBLIC PROSECUTOR for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 03/12/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
The
applicant prays for suspension of sentence and release on bail,
pending appeal. The applicant was absconding and his appeal came to
be dismissed by order dated 25.2.2009 by this Court by relying upon
the decision in the case of Mahendra
Bhogilal Tadvi v. State of Gujarat, 2009(1) GLR 91.
Thereafter the applicant has been restored to prison on 6.2.2010 by
the police and as such, request for bail cannot be accepted.
2. So
far as expedited hearing of the appeal is concerned, the accused was
absconding for 1631 days and recently he has been restored to prison.
His appeal is restored only recently by this Court by order dated
28.7.2010. Under the circumstances, the appeal was not heard because
of his abscondance and has been restored recently. Therefore,
hearing of the appeal cannot be expedited.
3. In
the above set of circumstances, the application stands rejected.
[A.L.Dave,J.]
[K.M.Thaker,J.]
(patel)
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