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CR.MA/13846/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13846 of 2010
In
CRIMINAL
APPEAL No. 1891 of 2010
=========================================
PRAKASHBHAI
RATIBHAI GOSWAMI & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR VISHWAS
S DAVE for
Applicant(s) : 1 - 4.
MR HH PARIKH, LD. ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 25/11/2010
ORAL
ORDER
Rule.
Mr.H.H. Parikh, learned
Additional Public Prosecutor, waives service of Rule on behalf of
the respondent-State.
Present
application is filed by the applicants under Section 389 of the Code
of Criminal Procedure, 1973 to suspend the sentence imposed upon
them vide order dated 14th
October 2010 passed by the learned Additional Sessions Judge, Fast
Track Court No.1, Bhavnagar, in Special Atrocity Case No.28 of 2007
by releasing the applicants-accused on bail during the pendency of
the appeal.
Today
this Court has admitted the appeal filed by the applicants-original
accused against the judgment and order of conviction and sentence
dated 14th
October 2010 passed by the learned Additional Sessions Judge, Fast
Track Court No.1, Bhavnagar, in Special Atrocity Case
No.28 of 2007. The applicants-accused are on bail at present. Amount
of fine is already paid by the present applicants-accused. As the
present applicants-accused are on bail at present and they have
paid the fine amount, it would be in the interest of justice to
allow this application.
In
view of above facts and circumstances of the case emerging from the
record and in view of the fact that the applicants are on bail at
present and the applicants have paid the amount of fine, present
application is hereby allowed. The substantive sentence is hereby
placed under suspension pending hearing and disposal of the main
appeal and the applicants-original accused is hereby ordered to be
released on same
bail, fresh bond.
Bail bond to be executed before the concerned trial Court. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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