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CR.RA/64220/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 642 of
2008
=========================================================
GIRISH
JETHALAL PATEL - Applicant(s)
Versus
MAHENDRABHAI
ISHWARBHAI SHAH & 1 - Respondent(s)
=========================================================
Appearance
:
MR
TULSHI R SAVANI for
Applicant(s) : 1,
None for Respondent(s) : 1,
MR IM PANDYA
ASST. PUBLIC PROSECUTOR for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 30/09/2008
ORAL
ORDER
1. RULE.
Mr. Pandya learned APP waives the service of rule on behalf of
respondent No.2-State.
2. By
way of this application, the applicant has challenged the judgment
and order of the learned 3rd J.M.F.C., Surat passed in
Criminal Case No.4377 of 1997 dated 13.12.2007 as well as judgment
and order of the learned 6th Additional District and
Sessions Judge, Surat passed in Criminal Appeal No.2 of 2008 dated
19.09.2008.
3. Heard.
Mr. Savani, learned Advocate for the applicant has submitted that
the applicant has already paid the fine. He has further submitted
that the applicant is in jail since 19th September, 2008.
Taking into consideration, the sentence of one year awarded by the
trial Court and confirmed by the appellate Court, interim relief
requires to be granted and is granted in terms of Para-7(C)
on condition that the applicant will deposit an amount of Rs.50,000/-
before the Registry of this Court on or before 15th
October, 2008 and that he will
not leave India without the prior permission of this
Court, failing which interim relief granted by this Court will
automatically stand vacated. Direct service is permitted, today.
(M.D.
Shah,J.)
Umesh/
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