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CR.MA/13810/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13810 of 2011
In
CRIMINAL
APPEAL No. 1242 of 2011
=========================================
PATEL
KHETABHAI LAGDHIRBHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
YM THAKORE for
Applicant(s) : 1,
MR LR POOJARI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 10/10/2011
ORAL
ORDER
[1] Heard
Mr.Thakore, learned advocate for the applicant appearing through
legal aid and Mr.Poojari, learned APP for the respondent –
State.
[2] Present
application is filed by the applicant for releasing him on bail.
Applicant is convicted by the learned Additional Sessions / Special
Judge, Banaskantha, Palanpur on 30.08.2011 in Sessions Case No.72 of
2010 for the offence punishable under section 135(1)(A) of the
Electricity Act, 2003. For the said offence, applicant was sentence
to suffer six months rigorous imprisonment and to pay fine of
Rs.27,474/- and in default of payment, further two months simple
imprisonment.
[3] It
is submitted by learned advocate for the applicant that initially
when complaint was lodged, applicant remained in jail for 27 days. It
is also submitted that from the date of judgment i.e. 30.08.2011 the
applicant is in jail.
[4] Considering
the nature of offence and considering the period for which applicant
remained in jail, present application is allowed.
[5] Applicant
– accused is ordered to be released on bail on executing personal
bond of Rs.5000/- (Rupees Five Thousand only) with one surety of the
like amount before the Trial Court on condition that he shall not
leave India without prior permission of the Court. Rule is made
absolute to the aforesaid extent.
[M.D.Shah,
J.]
satish
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