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CR.MA/4392/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4392 of 2010
In
CRIMINAL
APPEAL No. 703 of 2010
======================================
RASHMIKANT
GANESHBHAI CHAVDA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
======================================
Appearance
:
MR G RAMAKRISHNAN for
Applicant(s) : 1,
MR DEVANG VYAS, APP for Respondent(s) : 1,
MR
YN RAVANI for Respondent(s) :
2,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 29/04/2010
ORAL ORDER
Rule.
Mr.Devang Vyas, learned Additional Public Prosecutor waives service
of notice of Rule on behalf of respondent No.1-State and
Mr.Y.N.Ravani, learned advocate waives service of notice of Rule on
behalf of complainant. Having regard to the facts and circumstances
of the case, this application is taken up for final hearing today.
This
is an application preferred by the applicant-convict under section
389 of the Code of Criminal Procedure, 1973 against the order of
sentence imposed by the learned Special Judge, CBI Court No.3,
Mirzapur, Ahmedabad in Special Case No.32 of 2005 for the offence
punishable under sections 7, 13(2) read with section 13(1)(d) of the
Prevention of Corruption Act, 1988 whereby the learned Judge imposed
SI for a period of one year and fine of Rs.2,000/- for each of the
offences and in default of payment of fine further imprisonment for
a period of 15 days’.
Learned
advocate for the applicant submitted that the amount of fine imposed
by the learned Sessions Judge is already deposited by the applicant
in the trial Court.
Considering
the averments made in the application and the fact that it is a
short sentence matter, the applicant is ordered to be enlarged on
same bail fresh bonds, subject to the following additional
conditions:-
(i)
The petitioner shall not leave the territorial limits of the State
of Gujarat without prior permission of this Court.
(ii)
The petitioner shall not involve himself in such or similar offence
hereafter.
In
the meanwhile, the substantive sentence imposed by the learned
Special Judge, CBI Court No.3, Mirzapur, Ahmedabad in Special Case
No.32 of 2005 shall remain under suspension. Bail bond before
the trial Court.
Direct
Service is permitted.
(H.B.ANTANI,
J.)
Amit/-
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