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CR.MA/1539/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1539 of 2011
In
CRIMINAL
APPEAL No. 232 of 2009
=========================================================
RATANSINH
KAVALSINH SARAVAT(JAT) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MRHARSHITSTOLIA
for
Applicant(s) : 1,MRPARTHSTOLIA for Applicant(s) : 1,
MR. H.L.
JANI, ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 27/04/2011
ORAL
ORDER
1) Rule.
Learned APP, Mr. H.L. Jani waives service of notice of Rule on
behalf of respondent-State.
2) Heard
learned counsel for the parties.
3) Learned
counsel Mr. Harshit S. Tolia appearing for the applicant has
contended that earlier, along with the above Appeal, the applicant
has preferred Criminal Misc. Application No.1676 of 2009 for bail.
However, during the hearing of Appeal, this Court has granted the
liberty to the applicant to file fresh application for bail, if the
appeal is not heard within reasonable time. He has contended that
the Trial Court has awarded sentence of thee years to the applicant
for the offence punishable under Section 307 of Indian Penal Code and
the applicant has undergone more than half of the sentence. He has
contended that looking to the pendency of criminal appeal, in near
future this appeal may not be heard. He, therefore, prays for
releasing the applicant on bail, during the pendency of above Appeal.
4) In
the fact and circumstances of the case, pending the above appeal, the
applicant-accused is ordered to be released on bail on his executing
a Bond of Rs.10,000/- with one surety of like amount and on usual
terms and conditions to the satisfaction of the trial Court. Bail
before the Trial Court. Rule made absolute. Direct service is
permitted, today.
(Z.K.SAIYED,J.)
Vahid
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