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CR.MA/1144/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1144 of 2011
In
CRIMINAL
APPEAL No. 112 of 2011
=========================================
RAJUBHAI
PARSHOTTAMBHAI PARMAR & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
MC BAROT for
Applicant(s) : 1 - 4.MR TEJAS M BAROT for Applicant(s) : 1 - 4.
MR
HL JANI, LD. ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 31/01/2011
ORAL
ORDER
Rule. Mr.H.L.
Jani, learned Additional Public Prosecutor, waives service of Rule
on behalf of the respondent-State.
Heard Mr.Tejas Barot, learned
counsel for the applicants and Mr.H.L. Jani, learned Additional
Public Prosecutor for the respondent-State.
Today this Court has admitted the
appeal filed by the applicants-original accused against the judgment
and order of conviction and sentence dated 30th December
2010 passed by the learned Special Judge, Anand, in Special (S.C. /
S.T.) Case No.27 of 2009. The applicants-accused are on bail at
present. Amount of fine is already paid by the applicants-accused.
The learned Judge by his judgment and order dated 30th
December 2010 convicted the applicants under Section 323 and 114 of
the Indian Penal Code and ordered to undergo six months simple
imprisonment and also imposed fine of Rs.500/-, and in default of
payment of fine, ordered to undergo simple imprisonment for a
further period of 15 days. The learned Judge has also convicted the
applicant No.3 under Section 3(1)(10) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act and ordered to
undergo simple imprisonment for a period of one year and also
imposed fine of Rs.500/-, and in default of payment of fine, ordered
to undergo simple imprisonment for a further period of 15 days.
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 applicant-original accused are hereby ordered to be
released on bail.
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 applicants. 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 applicants-original accused are hereby ordered
to be released on bail on their furnishing surety of Rs.10,000/-
each 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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