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CR.MA/15121/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15121 of 2010
In
CRIMINAL
APPEAL No. 1786 of 2010
=========================================================
NARENDRASINH
ALIAS SAMBHA PARMALSINH SIKARVAH & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YOGESH LAKHANI Sr Advocate with MR PS GONDALIA for M/S S G ASSOCIATES
for
Applicant(s) : 1 - 2.
MS CM SHAH ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE VIJAY MANOHAR SAHAI
Date
: 24/12/2010
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Rule.
Learned Additional Public Prosecutor, Ms Shah waives service of
notice of Rule on behalf of the State.
2. Heard
learned Senior Advocate Mr Lakhani appearing with Mr Gondalia for the
applicants and learned Additional Public Prosecutor Ms Shah for the
State.
3. This
is an application for suspension of sentence and grant of bail during
pendency of the appeal.
4. Following
aspects are considered:-
(1) As
per the prosecution case, the deceased gave two dying declarations,
one indicating that the deceased had attempted to commit suicide and
the second one implicating the applicants of murder;
(2) During
the trial, the applicants were on bail;
(3) No
misuse of bail is reported.
5. Considering
the above aspects, the application deserves to be allowed and the
same is allowed. The sentence imposed on the applicant-appellants by
the learned Additional Sessions Judge, Fast Track Court No.18,
Ahmedabad by judgment and order dated 26.8.2010 passed in Sessions
Case No.320 of 2008, is hereby suspended till final disposal of the
appeal. The applicants are ordered to be released on bail on their
executing a bond of Rs.10,000/- (Rupees ten thousand only) each and
on furnishing a surety of the like amount to the satisfaction of the
Trial Court, and upon such conditions as may be imposed by the Trial
Court;
6. The
above order shall come into operation only if and when the applicants
pay the fine.
7. Rule
is made absolute.
8. Direct
service is permitted.
(A.L.
DAVE, J.)
(V.M.
SAHAI, J.)
zgs/-
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