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CR.MA/14711/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14711 of 2010
In
CRIMINAL
APPEAL No. 2030 of 2010
=========================================
KALUBHAI
CHATURBHAI DEVIPUJAK - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR ASHISH M
DAGLI for
Applicant(s) : 1,
MR HL JANI, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 08/12/2010
ORAL
ORDER
Rule.
Mr.H.L. Jani, learned
Additional Public Prosecutor, waives service of Rule on behalf of
the respondent-State.
Present
application is filed by the applicant under Section 389 of the Code
of Criminal Procedure, 1973 for suspension of sentence imposed upon
him vide judgment and order dated 24th November 2010
passed by the learned Principal District & Sessions Judge,
Gandhinagar, in Sessions Case No.42 of 2009 by releasing the
applicant-accused on bail during the pendency of the appeal.
The
learned Principal District & Sessions Judge, Gandhinagar, by his
judgment and order dated 24th November 2010 convicted the
applicant for the offences punishable under Section 395 of the
Indian Penal Code and ordered to undergo rigorous imprisonment for a
period of five years and also imposed fine of Rs.02,000/-, and in
default of payment of fine, ordered to undergo simple imprisonment
for a further period of two months.
Heard
Mr.Ashish Dagli, learned counsel for the applicant and Mr.H.L. Jani,
learned Additional Public Prosecutor for the respondent-State.
I
have gone through the papers produced before me as well as the
judgment and order of conviction passed by the learned Principal
District & Sessions Judge, Gandhinagar.
Looking
to the facts of the case, I am of the opinion that this is a fit
case to suspend the sentence awarded to the applicant. Hence, the
present application is hereby allowed. The substantive sentence is
hereby placed under suspension pending hearing and disposal of the
main appeal and the applicant-original accused are hereby ordered to
be released on bail on their furnishing surety of Rs.10,000/- and a
personal bond of the like amount on usual terms and conditions. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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