Gujarat High Court Case Information System Print CR.MA/3435/2010 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 3435 of 2010 In CRIMINAL APPEAL No. 548 of 2010 ========================================================= KARANBHAI HARIDAS PATHAK - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= Appearance : MR PM LAKHANI for Applicant(s) : 1,MRS RP LAKHANI for Applicant(s) : 1,MR SANDEEP R LIMBANI for Applicant(s) : 1, MR LR PUJARI, APP for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE RAJESH H.SHUKLA Date : 29/06/2010 ORAL ORDER
present application has been filed by the applicant-orig.accused
under Section 389 of the Code of Criminal Procedure for suspension of
sentence pending appeal.
learned advocate Mr.P.M.Lakhani for the applicant-orig.accused and
learned APP Mr.L.R.Pujari for the respondent State.
appellant-accused is convicted for the offences under Sections 304 of
the Indian Penal Code and Sections 177, 184 and 185 of the Motor
Vehicles Act, by the Sessions Court in Sessions Case No. 69 of 2007
vide judgment and order dated 15.3.2010 recording conviction for the
offence under Section 304 of the Indian Penal Code, imposing sentence
of simple imprisonment for five years and fine of Rs.5,000/-, in
default, further simple imprisonment for three months. It is this
judgment and order which has been assailed in the aforesaid Criminal
Appeal, which has been admitted.
advocate Mr.Lakhani for the applicant has submitted that the
applicant was on bail during the pendency of the trial. He further
submitted that considering the nature of offence, the applicant is
required to be released on bail.
APP Mr.Pujari resisted the application.
the fact that the applicant was on bail during the pendency of trial
and considering the nature of offence, the application deserves to be
the facts and circumstances, the present application stands allowed.
The order of sentence shall remain suspended till the appeal is
finally heard. The applicant is ordered to be released 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 the applicant shall:
take undue advantage of his liberty or abuse his liberty.
to try to tamper with the evidence or pressurize the prosecution
witnesses or complainant in any manner.
law and order.
his passport, if any, to the lower Court, within a week.
is made absolute to the aforesaid extent. Direct service is