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CR.MA/1466120/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14661 of 2008
In
CRIMINAL
APPEAL No. 2846 of 2008
=========================================================
KURBANALI
NURUDDINBHAI DADWANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
ASHISH M DAGLI for Applicant(s) : 1,
PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 14/11/2008
ORAL
ORDER
Rule.
Shri P.D.Bhate, learned APP, waives service of rule on behalf of the
State. Having regard to the facts of the case, this application is
taken up for hearing.
This
is an application preferred under Section 389(1) of Criminal
Procedure Code by which the applicant has challenged the judgment
and order passed by Special Judge, Fast Track Court No.1,
Surendranagar in Special Case No.145 of 2007 by which the learned
Judge has imposed the sentence of 2 years of R.I. and a fine of
Rs.1,52,419/- in default further S.I. for 1 year. The applicant has
not paid the bill to the tune of Rs.50,806/- and has committed theft
of electricity. It is submitted by the learned advocate for the
applicant that the petitioner is having financial difficulty and is
not in a position to pay the amount of Rs.50,806/- at a stretch and
therefore, he submits that he would deposit the amount of
Rs.10,000/- on or before 17th November, 2008 and on that
condition he be released on bail. As soon he is released on bail, he
would deposit the amount of Rs.40,806/- within 15 days thereafter.
On
the aforesaid condition that the petitioner, in my view, is required
to be released on bail on his furnishing personal bond of Rs.5,000/-
before the trial Court with one surety of the like amount on
following terms and conditions:
(A) The
applicant shall not leave the territorial limits of the State of
Gujarat without prior permission of this Court;
(B) The
applicant shall surrender his passport, if he has any.
If
the petitioner does not deposit the remaining the amount of
Rs.40,806/- within stipulated period of 15 days then the conditional
order of bail shall stand cancelled.
Rule
is made absolute to the extent indicated herein above. Direct
service is permitted.
(H.B.ANTANI,
J.)
ashish//
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