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CR.MA/2871/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2871 of 2010
In
CRIMINAL
APPEAL No. 485 of 2010
=========================================================
JILUBHAI
DHIRUBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
AJAY L PANDAV for
Applicant(s) : 1,
MR DC SEJPAL ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 25/03/2010
ORAL ORDER
Rule. Learned A.P.P.
Mr.D.C.Sejpal waives service of Rule on behalf of the
respondent-State. Having regard to the facts and circumstances of
the case, this application is taken up for hearing today.
This application is
preferred under Section 389 of the Code of Criminal Procedure, 1973
seeking bail against the order of conviction dated 25.02.2010 passed
by the learned Special Judge (Electricity) and Additional Sessions
Judge, Ahmedabad (Rural), Ahmedabad in Special Electricity Case
No.85 of 2008 by which the learned Judge convicted the applicant for
the offence punishable under section 135(1)(A) of the Indian
Electricity Act, 2003 for a period of six months RI.
Considering the fact that
the appeal is arising out of short sentence imposed by the learned
Judge and the pendency of large number of matters, the prayer, as
set out in the application is granted and the applicant, in my view,
deserves to be enlarged on bail.
For the foregoing
reasons, the application is allowed and the applicant is ordered to
be enlarged on bail on his furnishing a bond of Rs.5,000/- (Rupees
five thousand only) with one surety of the like amount to the
satisfaction of the trial court and subject to the conditions that
he shall:-
not leave the
territorial limits of the State of Gujarat without prior permission
of this Court;
not involve himself in
such or similar offence hereafter;
The applicant shall
surrender his passport, if any, before the trial court concerned.
In the meanwhile,
judgment and order of conviction and sentence dated 25.02.2010
passed by the learned Special Judge (Electricity) and Additional
Sessions Judge, Ahmedabad (Rural), Ahmedabad in Special Electricity
Case No.85 of 2008 shall remain suspended during the pendency and
final disposal of the appeal.
Rule is made absolute to
the aforesaid extent. Direct service is permitted.
(H.B.ANTANI,
J.)
Amit/-
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