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CR.MA/15302/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15302 of 2010
In
CRIMINAL
APPEAL No. 892 of 2007
=========================================================
PRAVINBHAI
@ SHANABHAI NATUBHAI JADAV - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KL PANDYA ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1
-2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MS.JUSTICE HARSHA DEVANI
Date
: 28/12/2010
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
The
applicant seeks bail by suspending the sentence on the ground that
his mother is aged and has affected vision and needs to be attended
to. He is sentenced for ten years R.I. for offences punishable under
Sections 363, 376 and 114 of IPC.
2. In
view of the fact that the applicant is awarded fixed sentence and the
fact that he has been in jail for approximately 4 years, 6 months and
15 days, the application deserves to be allowed and the same is
allowed. The sentence imposed on the
applicant-appellant by the learned Additional Sessions Judge, Godhra,
by judgment and order dated 24.5.2007
passed in Sessions Case No.130 of 2006, is hereby suspended till
final disposal of the appeal. The applicant is ordered to be released
on bail on his executing a bond of Rs.10,000/- (Rupees ten thousand
only) 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;
3. The
above order shall come into operation only if and when the applicant
pays the fine.
4. Rule
is made absolute.
(A.L.
DAVE, J.)
(HARSHA
DEVANI, J.)
zgs/-
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