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CR.MA/11306/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11306 of 2010
In
CRIMINAL
APPEAL No. 1626 of 2010
=========================================
RAMNIKBHAI
KHODABHAI SAKARIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
HARESH JOHIS FOR M/S THAKKAR ASSOC.
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.H.H. Parikh, learned
Additional Public Prosecutor, waives service of Rule on behalf of
the respondent-State.
Heard
Mr.Haresh Joshi, learned counsel with Mr.Prakash Thakkar, learned
senior counsel for the applicant and Mr.H.H. Parikh, learned
Additional Public Prosecutor for the respondent-State.
Today
this Court has admitted the appeal filed by the applicant against
the judgment and order of conviction and sentence dated 30th
August 2010 passed by the learned Additional Sessions Judge, Fast
Track Court No.4, Bhavnagar, in Special (ACB) Case No.05 of 2001.
The present applicant is on bail at present. Amount of fine is
already paid by the present applicant. As the present applicant has
been awarded two years’ imprisonment, it would be in the interest of
justice to allow this application.
In
view of the facts and circumstances of the case emerging from the
record and in view of the fact that the applicant is on bail at
present and the applicant has 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 is hereby ordered to be released on same
bail, fresh bond.
Bail bond to be executed before the concerned trial Court.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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