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CR.MA/226/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 226 of 2011
In
CRIMINAL
APPEAL No. 996 of 2006
=========================================================
GOVINDBHAI
SOMABHAI TADVI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
M.R. YAGNIK, ld. Advocate, for NANAVATY ADVOCATES for Applicant(s) :
1,
MR. DABHI, APP, for the Respondent State of
Gujarat
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 03/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
Rule.
Mr. Dabhi, learned APP, waives service of rule on behalf of the
respondent State of Gujarat.
2. Having
regard to the facts of the case, the application is taken up for
hearing.
3. By
filing instant application, the applicant-convict person has prayed
for suspension of his sentence and to release him on regular bail
during the pendency and final hearing of the above numbered Criminal
Appeal. Alternatively, it is also prayed to pass appropriate orders
for early hearing of the above numbered Criminal Appeal since the
applicant-convict person is in jail for more than five years as
against the sentence of 10 years awarded to him.
4. At
the time of hearing of this application Mr. Yagnik, learned advocate
for Nanavaty Advocates for the applicant does not press the prayer
for suspension of sentence and to release the applicant-convict
person on regular bail during the pendency and final hearing of the
above numbered Criminal Appeal. However, he urges that since the
paper book has been received, the hearing of the above numbered
Criminal Appeal may be expedited by listing the appeal on final
hearing board.
5. In
view of this, the prayer for suspension of sentence and to release
the applicant-convict person on regular bail during the pendency and
final hearing of the above numbered Criminal Appeal does not assume
survival value.
6. The
Registry is directed to notify the above numbered Criminal Appeal on
final hearing board in seriatim.
7. Rule
is made absolute to the aforesaid extent.
(A.M. KAPADIA, J)
(BANKIM N. MEHTA, J)
(pkn)
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