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CR.MA/4259/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4259 of 2011
In
CRIMINAL
REVISION APPLICATION No. 145 of 2011
=========================================================
BASIRMIYA
AHMEDMIYA MALEK - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
NIRAL R MEHTA for
Applicant(s) : 1,
Mr.L.R.Pujari, APP for Respondent(s) : 1,
MR
SHARMA for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 18/04/2011
ORAL
ORDER
Heard
learned advocate, Mr.N.R.Mehta for the applicants and learned APP,
Mr.L.R.Pujari for the respondent-State.
Rule.
Learned APP, Mr.L.R.Pujari for the respondent No.1 and learned
advocate, Mr.Sharma for the respondent No.2 waive service of rule.
Present
applicant was convicted for the offence punishable under Sec.138 of
Negotiable Instruments Act and was sentenced to suffer SI for two
years and to pay a fine of Rs.2,000/- in default to suffer further
one month SI by the learned Judicial Magistrate (First Class),
Mahemadabad, vide judgment and order dated 1-7-2010 passed in
Criminal Case No.2099 of 2005. The appeal being Criminal Appeal
No.57 of 2010 preferred before the Sessions Court was dismissed by
the learned Addl. Sessions Judge & Fast Track Court No.3,
Nadiad, vide judgment and order dated 15-3-2011.
The
applicant is in jail since 15-3-2011. Taking into consideration this
fact and the fact that the applicant was on bail during the pendency
of appeal before the Sessions Court, the application deserves to be
allowed.
This
application is allowed. Pending hearing and final disposal of Cri.
Revision Application, the applicant is ordered to be released on
bail on his executing personal bond of Rs.5,000/- (Rupees Five
Thousand only) with one surety of like amount before the trial court
and on conditions that he shall deposit Rs.15,000/- (Rupees Fifteen
Thousand only) with the Registry of this Court within a week from
today and that shall not leave India without prior permission of
this Court. Rule is made absolute. Direct service today is
permitted.
(M.D.SHAH,J.)
radhan/
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