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CR.MA/5128/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5128 of 2011
In
CRIMINAL
REVISION APPLICATION No. 174 of 2011
=========================================================
INDERKUMAR
CHETANLAL GURNANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
SM AHUJA for
Applicant(s) : 1,
MS
CM SHAH, APP
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 19/04/2011
ORAL ORDER
Heard
learned advocate, Ms.S.M.Ahuja for the applicant and learned APP,
Ms.C.M.Shah for the respondent-State.
Rule.
Learned APP, Ms.C.M.Shah for the respondent waives service of
rule.
Present
applicant was convicted for the offence punishable under Sec.498-A
and 323 of IPC and was sentenced to suffer SI for 18 months and for
the offence punishable under Secs.3 and 7 of Dowry Prohibition Act,
he was sentenced to suffer SI for six months and to pay a fine of
Rs.10,000/- in default to suffer further 40 days SI by the learned
Metropolitan Magistrate, Court No.22, Ahmedabad, vide judgment and
order dated 15-5-2010 passed in Criminal Case No.8707 of 2007. The
appeal being Criminal Appeal No.234 of 2010 preferred before the
Sessions Court was partly allowed and conviction for the offences
punishable under the Dowry Prohibition Act was quashed and set aside
however conviction for the offence under Sec.498-A and 323 of IPC
was maintained by the learned Principal Judge, Ahmedabad City vide
judgment and order dated 7-4-2011.
It
is submitted that applicant was on bail during trial and during
pendency of appeal. He is aged 53 years and is suffering from
various ailments. Taking into consideration the above facts and
also the sentence awarded on the applicant by the trial court, the
application deserves to be allowed.
This
application is allowed. Pending hearing and final disposal of Cri.
Revision Application, the applicant is ordered to be released on
bail on his executing personal bond of Rs.5,000/- (Rupees Five
Thousand only) with one surety of like amount before the trial court
on condition that he shall not leave India without prior permission
of this Court. Rule is made absolute. Direct service is permitted.
(M.D.SHAH,J.)
radhan/
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