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CR.MA/1722/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1722 of 2010
In
CRIMINAL
APPEAL No. 315 of 2010
=========================================================
MOIUDDIN
@ KARAN MARATHI @ PANDIT MOHD UMAR CHOWDHARY - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ROHIT S VERMA for
Applicant(s) : 1,
MR LR PUJARI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 26/02/2010
ORAL
ORDER
This
is an application preferred under Section 389(1) of Criminal
Procedure Code seeking bail for the appellant who has been convicted
for the offence punishable under Section 392 read with 34 of the
Indian Penal Code (IPC) for a period of 4 years R.I. and a fine of
Rs.5,000/- and in default S.I. for 1 month.
The
learned advocate for the applicant submitted that considering the
fact that applicant has already undergone more than 2 years sentence
out of the 4 years imposed by the learned Judge, it is a fit case to
enlarge the applicant on bail. He further submitted that other
co-accused has also been released by this Court by order dated
19.11.2008.
Having
considered the submissions canvassed by both the sides and fact that
applicant is convicted for a period of 4 years R.I. and a fine of
Rs.5,000/- and in default S.I. for 1 month, I am of the view that it
would be just and proper in the facts and circumstances of the case
to release the applicant on bail as the old matters are hanging fire
and this matter would take long time for final disposal.
For
the foregoing discussion, the application is allowed. The applicant
shall be released on his furnishing a bail bond of Rs.5,000/-
(Rupees Five Thousand Only) with one surety of the like amount to
the satisfaction of the trial Court and subject to the conditions
that:-
(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.
In
the meanwhile, the substantive sentence imposed by the learned City
Civil & Sessions Judge, Court No.4, Ahmedabad in Special Case
No.118 of 2008 shall remain under suspension. Bail bond before the
trial Court. Direct service is permitted.
(M.D.Shah,
J.)
pathan
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