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CR.MA/11442/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11442 of 2010
In
CRIMINAL
APPEAL No. 1642 of 2010
=========================================
RAKESHBHAI
BHAGUBHAI TADVI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR DP
KINARIWALA for
Applicant(s) : 1, MRRDKINARIWALA for Applicant(s) : 1,
MR HH
PARIKH, LD. ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 24/09/2010
ORAL
ORDER
Rule.
Mr.R.C. Kodekar, learned
Additional Public Prosecutor, waives service of Rule on behalf of
the respondent-State.
Present
application is filed by the applicant under Section 389(1) of the
Code of Criminal Procedure, 1973 to suspend the sentence imposed
upon him vide order dated 30th August 2010 passed by the
learned Additional Sessions Judge and Presiding Officer, Fast Track
Court, Narmada at Rajpipla, in Sessions Case No.39 of 2009 by
releasing the applicant-accused on bail during the pendency of the
appeal.
The
learned Additional Sessions Judge and Presiding Officer, Fast Track
Court, Narmada at Rajpipla, by his judgment and order dated 30th
August 2010 convicted the applicant for the offences punishable
under Sections 376, 363 and 366 of the Indian Penal Code.
Heard
Mr.Kinariwala, learned counsel for the applicant and Mr.R.C.
Kodekar, learned Additional Public Prosecutor for the
respondent-State.
I
have gone through the papers produced before me as well as the
judgment and order of conviction passed by the learned Judge.
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-convict 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 only.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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