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CR.MA/12486/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12486 of 2008
In
CRIMINAL
APPEAL No. 1469 of 2007
=========================================================
RAMESHBHAI
BHAYABHAI KOLI - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance
:
MR
JM BUDDHBHATTI for
Applicant.
MR UR BHATT, APP, for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 06/10/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Rule.
Mr.U.R.Bhatt, learned A.P.P., waives service of notice of rule on
behalf of the respondent-State.
2. Heard
learned advocate Mr.J.M.Buddhbhatti for the applicant, and learned
A.P.P. Mr.U.R.Bhatt for the respondent-State.
3. Following
aspects are considered:-
(i) The
applicant had preferred similar application bearing Criminal Misc.
Application No.15590/2007, which was withdrawn on 28.12.2007, by
reserving a liberty to file application afresh, if the appeal is not
heard within one year.
(ii) However,
in the meantime, the principal accused viz. Vallabhbhai Naranbhai
Kharak has been admitted to bail by an order dated 19.09.2008 passed
by this Court in Criminal Misc. Application No. 11990/2008.
(iii) The
role of the applicant, even as per the prosecutrix, is much lighter
than that of the principal accused.
4. In
the light of the above factors, we are of the view that the
application deserves consideration. The application is allowed. The
sentence imposed on the applicant-appellant by the learned Additional
Sessions Judge, 5th Fast Track Court, Bhavnagar Camp at
Mahuva, by judgment and order dated 1st December, 2007
passed in Sessions Case No. 218 of 1994, is hereby suspended till
final disposal of the appeal. The applicant is ordered to be released
on bail on his executing a bond of Rs. 10,000/- and furnishing a
surety of like amount to the satisfaction of the Trial Court, subject
to the conditions that (i) he shall confine himself to the
territorial limits of the State of Gujarat; and (ii) he shall deposit
his passport, if any, with the Trial Court.
5. The
above order shall come into operation only if and when the applicant
pays the fine.
Rule
is made absolute accordingly. Direct Service is permitted.
[
A.L. Dave,J.][
J.C.Upadhyaya,J.]
patel
(patel)
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