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CR.MA/9951/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9951 of 2007
In
CRIMINAL
APPEAL No. 1115 of 2007
=========================================================
PARBATBHAI
SEMABHAI PATEL & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PJ KANABAR for
Applicant(s) : 1 - 3.MS ADITI P KANABAR for Applicant(s) : 1 - 3.
MR
PD BHATE, LD.APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 31/08/2007
ORAL
ORDER
Heard
Shri P.J. Kanabar, learned counsel appearing for the applicant and
Shri P.D. Bhate, learned Additional Public Prosecutor, appearing on
behalf of the opponent-State.
Rule.
The formal service of notice of Rule is waived by Shri P.D. Bhate,
learned Additional Public Prosecutor, on behalf of opponent-State.
The Rule is fixed forthwith on consent.
It
is submitted by Shri P.J. Kanabar that today this Court has admitted
the appeal preferred by the present applicant against the judgment
and order of conviction and sentence passed by the learned
Additional Sessions Judge and Special Judge, Banaskantha-Deesa in
Sessions Case NO.114 of 2005. It is further submitted that the
applicants were on bail pending trial and they have been again
enlarged on bail by the learned trial Judge by exercising
discretion under Section 389 of the Code of Criminal Procedure, 1973
and therefore, at present they are enjoying bail. So this is a fit
case where this Court may exercise discretion considering the
quantum of punishment imposed by the learned trial Judge for the
offence punishable under Section 307 of the Indian Penal Code. The
issuance of notice for enhancement would not come in the way of the
applicants in getting the discretionary relief.
So
having considered the totality of facts and circumstances of case,
including the fact the the applicants were on bail pending trial and
they has been released on bail even after conviction and the fact
that the amount of fine has been paid, the present application is
hereby allowed. The substantive sentence is hereby placed under
suspension pending hearing and disposal of the main appeal and the
applicants-orig.convicts are hereby ordered to be released on bail
on each of them furnishing a
solvent surety of Rs.10,000/- (Rupees Ten Thousand only) and
a personal bond of the like amount by each of them on usual
conditions. Over and above the usual conditions, the applicants
shall abide by the following conditions that the applicants :
shall
not involve themselves in any other or similar offence;
shall
not leave the territory of State of Gujarat without prior
permission of this Court;
shall
surrender their passport, if any, before the concerned trial
Court.
It
is further clarified that if there is breach of any of the aforesaid
conditions by any of the applicants, the learned trial Judge shall
issue a non-bailable warrant against the concerned applicants.
Bail
before the trial Court. Rule is made absolute accordingly. Direct
Service is permitted.
(
C.K. Buch, J)
Aakar
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