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CR.MA/4075/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4075 of 2010
In
CRIMINAL
APPEAL No. 657 of 2010
=========================================================
DHIRUBHAI
OGHADBHAI DASLANIYA & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YN OZA, SR. ADVOCATE WITH MR MJ MEHTA
for
Applicant(s) : 1 - 2.
MR DIVYESH SEJPAL, ADDL.PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 21/04/2010
ORAL
ORDER
Rule.
Mr. Diveysh Sejpal, learned APP waives service of rule on behalf of
the opponent-State. Having regard to the facts and circumstances of
the case, this application is taken up for hearing today.
Mr.
Y.N. Oza, learned Sr.Advocate appearing with Mr. M.J. Mehta for the
applicants makes a statement at bar that out of three accused, one is
convicted for the offence punishable under Section 304 Part-I of IPC
and sentenced to undergo rigorous imprisonment for ten years. But so
far, he has not preferred an appeal as on today. It is further stated
by the learend counsel that the bail granted by the learned Sessions
Court to the present applicants expires tomorrow, i.e. on 22.4.2010.
Considering the sentence imposed on the present applicants [original
accused nos. 2 and 3] under sections 201 of IPC for a period of two
years’ RI and fine of Rs. 1,000/-, in default, further SI of three
months, they have preferred the present appeal as well as
application seeking bail against the judgment and order of conviction
and sentence passed by the learned Additional Sessions Judge and
Presiding Officer, Fast Track Court, Amreli in Sessions Case No. 93
of 2006 dated 22.3.2010.
Considering
the aforesaid aspect and since the appeal is arising from short
sentence and as the fine is paid by the present applicants, they, in
my view deserve to be enlarged on same bail and fresh bond with usual
terms and conditions.
In
the meanwhile, the substantive sentence passed by the learned
Additional Sessions Judge and Presiding Officer, Fast Track Court,
Amreli in Sessions Case No. 93 of 2006 dated 22.3.2010 shall remain
suspended during pendency and final disposal of the appeal qua the
present applicants.
Rule
is made absolute to the aforesaid extent.
Direct
service is permitted today.
[H.B.
ANTANI, J.]
pirzada/-
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