Gujarat High Court Case Information System
Print
CR.MA/1852/2006 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1852 of 2006
In
CRIMINAL
APPEAL No. 346 of 2006
=========================================================
KARIMABEN,
W/O. MOHAMADALLRAKHABHAI SANDHI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BM MANGUKIYA for
Applicant(s) : 1 - 2.MS BELA A PRAJAPATI for Applicant(s) : 1 - 2.
MR
SS PATEL ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 10/04/2006
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE C.K.BUCH)
Rule.
Mr. S.S. Patel, ld. A.P.P. Wavies service of rule on behalf of the
respondent State.
Heard
the ld. counsel Mr. Mangukiya. It is submitted by Mr. Mangukiya that
the applicant accused though have been held guilty of the offence
punishable u/s.302, 498-A of I.P.C., they should be enlarged on bail.
According to Mr. Mangukiya, it was not possible for the learned trial
judge to convict any of the accused applicants because no
trustworthy evidence is available on record and dying declarations
allegedly made, are full of contraction and our attention had drawn
in the version of the deceased made in two different dying
declarations recorded by the Executive Magistrate. He has also argued
that the case of the prosecuton is that the deceased had made one
oral dying declaration to her mother involving both these applicants
and that witness has not supported the case of prosecution. The
applicants should be enlarged on bail, especially when both of them
are ladies and their age also should be considered. The conviction is
recorded only on dying declarations and in that fact situation, the
application should be allowed.
At
present, the court is dealing with the old appeal filed in the year
1998, 1999 and 2000 and we are not sure that when the turn of the
applicant would come. Hence, application is allowed. Pending the
hearing and final disposal of main Criminal Appeal, the substantive
sentence imposed on the applicants accused vide impugned judgment is
hereby placed under suspension and the applicants ? accused are
ordered to be enlarged on bail on each of them furnishing solvant
surety of Rs.10,000/- (Rs. Ten thousand only) and personal bond of
like amount on usual terms and conditions and on condition that
they shall not leave the territory of State of Gujarat without prior
permission of the Court.
Bail
before the trial court.
Rule
is made absolute. Yadi to be sent concerned police station.
(C.K.BUCH,
J.)
(M.D.SHAH,
J.)
ynvyas
Top