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CR.MA/14210/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14210 of 2010
In
CRIMINAL
APPEAL No. 1878 of 2010
=========================================
DASRATHBHAI
MANILAL PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MRS NISHA M
PARIKH for
Applicant(s) : 1,
MR HL JANI, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 25/11/2010
ORAL
ORDER
Rule. Mr.H.L.
Jani, learned Additional Public Prosecutor, waives service of Rule
on behalf of the respondent-State.
Present
application is filed by the applicant under Section 389 of the Code
of Criminal Procedure, 1973 to suspend the sentence imposed upon him
vide order dated 20th
October 2010 passed by the learned Special Electricity Judge,
Mehsana, in Electricity Case No.03 of 2010 by releasing the
applicant-accused on bail during the pendency of the appeal.
The
learned Special Electricity Judge, Mehsana by his judgment and order
dated 20th October 2010 convicted the applicant for the
offences punishable under Section 135(1) of the Indian Electricity
Act, 2003 and ordered to undergo rigorous imprisonment for a period
of one year and fine of Rs.77,000/-, and in default of payment of
fine, ordered to undergo simple imprisonment for further period of
three months.
Heard
Mrs.Nisha Parikh, learned counsel for the applicant and Mr.H.L.
Jani, learned Additional Public Prosecutor for the respondent-State.
Mrs.Parikh has submitted that the applicant had already deposited
fine amount of Rs.77,000/- with the Court.
I
have gone through the papers produced before me as well as the
judgment and order of conviction passed by the learned Special
Electricity Judge, Mehsana.
Looking
to the facts of the case, I am of the opinion that this is a fit
case to suspend the sentence awarded to the applicant. Hence, the
present application is hereby allowed. The substantive sentence is
hereby placed under suspension pending hearing and disposal of the
main appeal and the applicant-original accused is hereby ordered to
be released on same bail,
fresh bond.
Bail bond to be executed before the concerned trial Court. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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