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CR.MA/12110/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12110 of 2010
In
CRIMINAL
APPEAL No. 375 of 2010
=========================================
MOHAMMAD
FAROOQ USMANGANI SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
KHALID G SHAIKH for
Applicant(s) : 1,MR PRATIK B BAROT for Applicant(s) : 1,
MR K J
PANCHAL, ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 08/10/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. RULE.
Leaned Addl.P.P., Mr. K. J. Panchal waives service for the
respondent.
2. The
petitioner has applied for regular bail by suspending the sentence
during pendency of his appeal before this Court. The petitioner is
one of the convicted persons who have been convicted of serious
offences and sentenced to imprisonment up to ten years by the
judgement and order dated 12.01.2010 of learned Special Judge under
the POTA, Ahmedabad, in POTA Case No. 12 of 2003.
3. After
pointing out the fact that the applicant is also convicted in another
criminal case and sentenced to imprisonment for life, learned
Addl.P.P. Mr. Panchal fairly conceded that all the persons convicted
in the aforesaid POTA Case No. 12 of 2003 who had preferred
applications for suspending the sentence and releasing on bail, have
been released on bail by judgement dated 13.07.2010 of Division Bench
of this Court in Criminal Misc. Application No. 3307 of 2010 and
allied matters. There is no dispute about the fact that the
petitioner has already undergone more than seven years of
imprisonment and both the appeals arising from his conviction for
different offences are unlikely to be heard in the near future. It
was submitted by learned counsel Mr. Barot that the other appeal
against conviction of the applicant is presently listed for final
hearing before another bench; and if that appeal is heard or an
application for bail is made and granted in that pending appeal, the
petitioner would require an order of suspension of sentence in the
present proceeding so that any order in his favour in the other
appeal could be meaningful and effective.
4. Under
the above facts and circumstances, adopting the grounds and reasons
discussed in judgement dated 13.07.2010 in Criminal Misc. Application
No. 3307 of 2010, the present application is allowed. The applicant
is ordered to be released on bail on executing personal bond of Rs.
50,000/- with solvent surety of the like amount to the satisfaction
of the lower court and subject to the conditions that he shall-
(a) not
leave Gujarat State without prior permission of this Court;
(b) not
take undue advantage of liberty or abuse liberty;
(c) not
indulge in any illegal activities;
(d) furnish
the present and permanent address of residence to the Court at the
time of execution of the bond and shall not change the residence
without prior permission of this Court;
(e) mark
presence before the Police Station concerned once in a month on any
day between 1st
and 5th
of every month at any time between 11.00 a.m and 5.00 p.m; and;
(f) surrender
passport, if any, within a week to the lower court and if not holding
passport, file undertaking before the trial court to the effect that
they will not leave India without prior permission of the Court.
5. If
breach of any of the above conditions is committed, this order for
bail shall stand cancelled automatically.
6. Rule
is made absolute accordingly with the clarification that above order
shall not come into effect till the petitioner is undergoing
imprisonment pursuant to any other case and till he is exonerated or
granted bail in such other case. Direct service.
[D.H.WAGHELA,
J.]
[ABHILASHA
KUMARI, J.]
JYOTI
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