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CR.MA/5477/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5477 of 2010
In
CRIMINAL
APPEAL No. 860 of 2010
=========================================================
KALPESHBHAI
VASUDEVBHAI RAO - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
JM PANCHAL for
Applicant(s) : 1,
MR RC KODEKAR ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 07/06/2010
ORAL ORDER
Rule.
Learned Additional Public Prosecutor, Mr. Kodekar waives service of
Rule on behalf of the State.
2. Heard
learned advocate for the applicant and learned Additional Public
Prosecutor for the State.
3. This
is an application for suspension of sentence and grant of bail during
pendency of the appeal. Learned Senior Advocate Mr Panchal has drawn
attention of this Court to the dying declaration Exh.21 on the basis
of which conviction is mainly founded. The dying declaration
indicates that according to the deceased the applicant had a bad eye
on her and was harassing therefor for a period of about three years.
4. The
appeal is already admitted and the conviction is for the period of
five years. Considering the pendency of limited sentence appeal, it
is a good case where suspension of sentence and grant of bail may be
favourably considered.
5. Considering
the above aspects, the application deserves to be allowed and the
same is allowed. The sentence imposed on the applicant-appellant by
the learned Additional Sessions Judge, Fast Track Court No.2, Camp at
Kalol by judgment and order dated 20.5.2010 passed in Sessions Case
No.66 of 2008, is hereby suspended till final disposal of the
appeal. The applicant is ordered to be released on bail on his
executing a bond of Rs.10,000/- (Rupees ten thousand only) and on
furnishing a surety of the like amount to the satisfaction of the
Trial Court, subject to the conditions that (i) he shall confine
himself to the territorial limits of the State of Gujarat; and (ii)
he shall deposit his passport, if any, with the Trial Court.
6. The
above order shall come into operation only if and when the applicant
pays the fine.
7. Rule
is made absolute.
8. Direct
service is permitted.
(A.L.
DAVE, J.)
zgs/-
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