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CR.MA/14513/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14513 of 2010
In
CRIMINAL
APPEAL No. 2004 of 2010
=========================================
PREMJIBHAI
CHHAGANBHAI GOHIL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR ASHISH M
DAGLI for
Applicant(s) : 1,
MR HL JANI, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 10/12/2010
ORAL
ORDER
Present
application is filed by the applicant-accused under Section 389 of
the Code of Criminal Procedure, 1973 to suspend the sentence imposed
upon him vide judgment and order dated 20th November 2010
passed by the learned Special and Additional Sessions Judge, Fast
Track Court No.1, Bhavnagar, in Special A.C.B. Case No.02 of 2001 by
releasing the applicant-accused on bail during the pendency of the
appeal.
The
learned Special and Additional Sessions Judge, Fast Track Court
No.1, Bhavnagar, by his judgment and order dated 20th
November 2010 convicted the applicant for the offences punishable
under Section 7 and 13(2) of the Prevention of Corruption Act, 1988.
Heard
Mr.Ashish Dagli, learned counsel for the applicant and Mr.H.L. Jani,
learned Additional Public Prosecutor for the respondent-State.
Mr.Dagli has contended that applicant-accused was on bail during the
trial.
I
have gone through the papers produced before me as well as the
judgment and order of conviction passed by the learned Special and
Additional Sessions Judge, Fast Track Court No.1, Bhavnagar.
Looking
to the facts of the case, I am of the opinion that this is a fit
case to suspend the sentence awarded to the applicant. Hence, the
present application is hereby allowed. The substantive sentence is
hereby placed under suspension pending hearing and disposal of the
main appeal and the applicant-original accused is hereby ordered to
be released on bail on his furnishing surety of Rs.10,000/- and a
personal bond of the like amount on usual terms and conditions. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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