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CR.MA/9518/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9518 of 2010
In
CRIMINAL
APPEAL No. 1221 of 2010
=========================================
KAUSHALYABEN
ARVINDBHAI DAVA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR MM
TIRMIZI for
Applicant(s) : 1,
MR HL JANI, LD. ADDL. PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 08/10/2010
ORAL
ORDER
Present
application is filed by the applicant under Section 389 of the Code
of Criminal Procedure, 1973 to suspend the sentence imposed upon her
vide order dated 19th May 2010 passed by the learned
Additional Sessions Judge and Presiding Officer, Fast Track Court
No.3, Morbi, in Sessions Case No.01 of 2009 by releasing the
applicant-accused on bail during the pendency of the appeal.
The
learned Additional Sessions Judge and Presiding Officer, Fast Track
Court No.3, Morbi, by his judgment and order dated 19th
May 2010 convicted the applicant for the offences punishable under
Section 498(A) read with Section 114 of the Indian Penal Code and
ordered to undergo rigorous imprisonment for a period of three years
and find of Rs.02,000/-, and in default of payment of fine, ordered
to undergo rigorous imprisonment for a further period of 15 days.
The applicant was also convicted under Section 306 read with Section
114 of the Indian Penal Code and ordered to undergo rigorous
imprisonment for a period of five years and fine of Rs.05,000/-, and
in default of payment of fine, ordered to undergo rigorous
imprisonment for a further period of six months. However, all the
sentences were ordered to run concurrently.
Heard
Mr.M.M. Tirmizi, 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 Judge.
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 is hereby ordered to
be released on bail on her 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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