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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
The
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.
2. Heard
learned advocate Mr.P.M.Lakhani for the applicant-orig.accused and
learned APP Mr.L.R.Pujari for the respondent State.
3. The
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.
4. Learned
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.
5. Learned
APP Mr.Pujari resisted the application.
6. Considering
the fact that the applicant was on bail during the pendency of trial
and considering the nature of offence, the application deserves to be
allowed.
7. In
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:
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not
to try to tamper with the evidence or pressurize the prosecution
witnesses or complainant in any manner.
(c) maintain
law and order.
(d) surrender
his passport, if any, to the lower Court, within a week.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(Rajesh
H.Shukla, J.)
Sreeram.
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