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CR.MA/5096/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5096 of 2010
In
CRIMINAL
APPEAL No. 794 of 2010
=========================================================
RAJESHBHAI
DHAYABHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PP MAJMUDAR for
Applicant(s) : 1,
MR DIVYESH SEJPAL, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 14/05/2010
ORAL
ORDER
RULE.
Mr. Divyesh Sejpal, learned APP waives service of Rule on behalf of
the opponent State. Having regard to the facts and circumstances of
the case, this application is taken up for hearing today.
This
is an application preferred by the applicant under Section 389 of the
Code of Criminal Procedure seeking bail against the judgment and
order of conviction and sentence passed by the learned Special Judge
and 4th Additional Sessions Judge, Surat in Special
Electricity Case No. 141 of 2007 dated 3.5.2010 by which the learned
Judge has convicted the applicant for the offence punishable under
Section 135[1] of the Indian Electricity Act to undergo one year’s RI
and fine of Rs. 4,20,000/-, in default of payment of fine, to undergo
SI for six months.
Learned
advocate Mr. P.P. Majmudar for the applicant, at the outset,
submitted that the applicant is ready to pay fine to the extent of
amount of theft as alleged which comes to Rs. 1,39,823.21 ps. Out of
the aforesaid amount, if the amount of Rs. 40,000/- is deposited by
the applicant initially, then, he shall be enlarged on bail on his
furnishing a bond of Rs.5,000/- (Rupees five thousand only) with one
surety of the like amount to the satisfaction of the Trial Court and
subject to the conditions that :-
(i) The
applicant shall not leave the territorial limits of the State of
Gujarat without prior permission of this Court.
(ii) The
applicant shall not involve himself in such or similar offence
hereafter.
(iii)The
applicant shall surrender his passport, if any, before the Trial
Court concerned.
Remaining
amount out of the aforesaid amount shall be deposited by the
applicant in three quarterly installments.
In
the meanwhile, substantive sentence imposed by the learned Judge
shall remain suspended during pendency and final disposal of the
appeal.
Rule
is made absolute to the aforesaid extent.
Direct
service is permitted.
[H.B.
ANTANI, J.]
pirzada/-
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