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CR.MA/327/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 327 of 2010
In
CRIMINAL
APPEAL No. 43 of 2010
=========================================================
HARIBHAI
THANAJI RABARI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ANKIT Y BACHANI for
Applicant(s) : 1 - 2.
Mr.L.R.Pujari, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 15/01/2010
ORAL
ORDER
Heard
learned advocate for the applicant, Mr.A.Y.Bachani.
Rule.
Learned Additional Public Prosecutor, Mr.L.R.Pujari for the
respondent-State waives service of rule.
It
is submitted by learned advocate for the applicant, Mr.Lakhani, that
the applicant was on bail during trial.
This
Court has gone through the judgment and order passed by the learned
Addl. Sessions Judge and Special Judge, Banaskantha at Deesa. The
applicant was convicted for the offences punishable under Sec.323 of
IPC and Sec.135 of B.P.Act and sentenced to suffer SI for one month
with fine of Rs.1,000/-, in default, to suffer SI for one week.
Taking into consideration the fact that the applicant was on bail
during trial and also considering the nature of offence and sentence
awarded, in the opinion of this Court, the applicant is required to
be released on bail.
In
view of the above, this application is allowed. Pending hearing and
final disposal of appeal, the applicant is ordered to be released on
same bail with fresh bond. Rule is made absolute. Direct service is
permitted.
(M.D.SHAH,J.)
radhan
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