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CR.MA/7816/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7816 of 2008
In
CRIMINAL
APPEAL No. 1765 of 2008
=========================================================
RAJESHBHAI
CHIMANBHAI PRAJAPATI & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
NIRAV C THAKKAR for
Applicant(s) : 1
- 3.
MR AJ DESAI, APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 04/07/2008
ORAL
ORDER
Heard
learned advocate Mr.N.C.Thakkar for the applicants and learned APP
Mr.A.J.Desai for respondent State.
2. Rule.
Learned APP Mr.A.J.Desai waives service of rule on behalf of
respondent State.
3. The
present application has been filed by the applicants-accused for
releasing them on regular bail. They have been convicted by the
learned Sessions Judge, Kheda, vide his judgment and order dated
12.6.2008 and sentenced to undergo RI of five years under Sec.307
read with Sec.114 of IPC and fine of Rs.2000/-.
4. Having
heard learned advocates for the parties, learned advocate Mr.Thakkar
does not press this application for applicant Nos.1 and 3. Rule qua
applicant Nos.1 and 3 is therefore discharged.
5. Learned
advocate Mr.Thakkar, however, prayed that applicant-accused No.2 may
be released as he is aged about 65 years and ill. Therefore without
going into the merits of the case, taking into consideration the said
only factor, applicant No.2 is ordered to be released on bail on his
executing a personal bond of Rs.5,000/- (Rupees Five thousand only)
with a surety of the like amount before the trial Court on usual
terms and conditions. Rule qua applicant No.2 is made absolute
accordingly. Direct service is permitted.
6. The
Registry is directed to send back the Record and Proceedings of the
case immediately to the trial Court so as to prepare the paper book
and on receipt of the paper book, the appeal may be listed for final
hearing.
(M.D.Shah,
J.)
Sreeram.
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