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CR.A/50/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 50 of 2010
With
CRIMINAL
MISC.APPLICATION No. 346 of 2010
In
CRIMINAL APPEAL No. 50 of 2010
=========================================================
RAJESH
ALIAS RAJU ATMARAM BABARIYA
Versus
STATE
OF GUJARAT
=========================================================
Appearance
:
MR
ANIL S DAVE for
Appellant.
MR H.H.PARIKH, ADDL.PUBLIC PROSECUTOR for
State
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 23/03/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Appeal
Admitted.
Criminal
Appeal No. 346/2010
Heard
learned advocate Mr.Vicki Mehta, appearing for Mr.Dave, learned
advocate for the applicant and learned A.P.P. Mr.Parikh for the
State.
2. Learned
advocate Mr.Mehta has raised several points, which may be helpful to
the applicant-appellant if properly appreciated. Appreciation of
evidence at the stage of suspension of sentence and grant of bail is
not permissible. It can be done at the stage of final hearing.
Prima-facie, there is material to involve the appellant-applicant in
the offence of murder. His clothes were stained with blood of the
deceased, for which no explanation is offered. Under the
circumstances, prayer for suspension of sentence and grant of bail
cannot be accepted. Hence, the application stands rejected.
[A.L.Dave,J.]
[Bankim
N.Mehta,J.]
(patel)
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