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CR.MA/1103/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1103 of 2011
In
CRIMINAL
APPEAL No. 1034 of 2010
=================================================
BHIKHUBHAI
DULABHAI BHAMBHALA & 4 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
BM MANGUKIYA for Applicant(s) : 1 - 5.MS BELA A PRAJAPATI for
Applicant(s) : 1 - 5.
PUBLIC PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 28/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
matter was called out in the first half. Learned advocate
Mr.Mangukia and learned advocate Ms.Bela A. Prajapati for the
applicants were not present. To enable the learned advocates to
present the case of the applicant- appellant the matter was kept in
the second half. In the second half also, learned advocate
Mr.Mangukia and learned advocate Ms.Bela A. Prajapati are not
present. The matter is taken up for consideration. The present
application is filed for temporary bail. Relief prayed for is that,
“14(a) Your
Lordship will be pleased to suspend the sentence and direct that the
applicants be released from the jail custody on such terms and
conditions as may be deemed fit and proper in the interest of justice
by this Hon’ble Court.”
2. Earlier,
Criminal Misc. Applications No.6812 of 2010 in Criminal Appeal
No.1034 of 2010 was filed which came to be disposed of by this Court
(Coram: A.L. Dave and Vijay Manohar Sahai, JJ.) by an order dated
09.12.2010, which reads as under:
“Learned
advocate Mr.Mangukiya for the applicants seeks permission to withdraw
this application for a technical reason, reserving a right to file a
fresh application. Permission, as prayed for, is granted. The
application stands disposed of as withdrawn.”
3. In
this application the Court issued rule on 10th February
2011 returnable on 21st February 2011. The Court also
ordered to call for Record & Proceedings of Sessions Case No.41
of 2007 from the Sessions Court, Surendranagar so as to reach this
Court on or before 18th February 2011. R&P is
received. We called for the R&P in the Court. On perusal of the
same we have noticed that different witnesses like
complainant-Lakhubhai Jivabhai Bambhla PW-8, Exh.67, have deposed
attributing the exact role played by each of the accused. Similarly,
Rajubhai Alias Munno Bababhai Bambhla, PW-9, Exh.71; Jilubhai
Undbhai Bambhla, PW-10, Exh.72; Bhikhubhai Jagabhai Bambhla, PW-11,
Exh.74; Gitaba, wife of Lakhubhai Bambhla, PW13, Exh.76 and Hansaba,
wife of Bababhai Jivabhai PW-14, Exh.79 have deposed in detail about
the role played by each of the accused.
Besides,
taking into consideration the fact that the accused were on bail
during the trial, now that they are convicted for an offence under
sec.304(1) of the IPC and awarded imprisonment for 10 years and for
offence under sections 147, 148 and 324 of IPC, imprisonment for
different terms, the Court finds no reason to grant regular bail or
suspend the sentence. Hence this application is rejected. Rule is
discharged.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
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