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CR.MA/10542/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10542 of 2010
In
CRIMINAL
APPEAL No. 487 of 2010
=========================================
MANSURI
ASLAMBHAI USUFBHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR PARAM
BUCH FOR MR HRIDAY BUCH for
Applicant(s) : 1,
MR RC KODEKAR, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 16/09/2010
ORAL
ORDER
Rule.
Mr.H.H. Parikh, learned
Additional Public Prosecutor, waives service of Rule on behalf of
the respondent-State.
Present
application is filed by the applicant under Section 389 of the Code
of Criminal Procedure, 1973 and prayed to suspend the substantive
sentence imposed upon him vide order dated 28th January
2009 passed by the learned Additional Sessions Judge, Mehsana, in
Sessions Case No.54 of 2009 and further be pleased to enlarge the
applicant on bail during the pendency of the appeal.
The
learned Additional Sessions Judge, Mehsana, by his judgment and
order dated 28th January 2009 convicted the applicant for
the offences punishable under Section 304 (Part I) of the Indian
Penal Code read with Section 135 of the Bombay Police Act and
ordered to undergo seven years rigorous imprisonment and to pay fine
of Rs.5,000/-, and in default of payment of fine, ordered to undergo
rigorous imprisonment for a further period of 30 days.
Heard
Mr.Param Buch for Mr.Hriday Buch, learned counsel for the applicant
and Mr.H.H. Parikh, 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 Additional
Sessions Judge, Mehsana.
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 his furnishing surety of Rs.05,000/- and a
personal bond of the like amount. The applicant is directed to
surrender his passport, if any, to the concerned trial Court within
a period of one week from the date of receipt of present order. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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