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CR.MA/7050/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7050 of 2008
In
CRIMINAL
APPEAL No. 1989 of 2004
=========================================================
GOVIND
GIRISHBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for Applicant
MS
HB PUNANI APP for Respondents
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/06/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE M.R. SHAH)
RULE.
Ms. H.B. Punani, learned Additional Public Prosecutor waives the
service of notice of rule on behalf of the respondents.
Present
application has been filed by the applicant ? convict named Govind
Girishbhai for an appropriate order to convert the order passed by
the learned trial court directing the applicant to undergo
sentences consecutively into that of concurrently.
It
appears that earlier the applicant had preferred Criminal
Misc.Application No.5868 of 2006 before this Court for the very
relief and the same came to be dismissed by the Division Bench of
this Court (Coram : Anil R. Dave and H.B. Antani, JJ) vide order
dtd.14/6/2006 by observing that the said prayer can be considered
only at the time when the appeal is notified for hearing and the
applicant succeeds in the matter. Under the circumstances and for
the reasons stated in the said order as well as we are also of the
opinion that the prayer of the applicant can be considered only at
the time when the appeal is notified for final hearing and if the
applicant succeeds in the matter. In the result, the application
deserves dismissal and is accordingly dismissed. However, in the
facts and circumstances of the case, Office to notify the appeal for
final hearing as soon as the Paper-Book is received. Rule is
discharged.
[J.R.
VORA, J.]
[M.R.
SHAH, J.]
rafik
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