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CR.MA/15497/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15497 of 2010
In
CRIMINAL
APPEAL No. 1601 of 2010
=========================================================
SHANKARBHAI
MALSINH DAHMA & 6 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YM THAKKAR for
Applicant(s) : 1 - 7.
MR HL JANI Ld. APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 18/01/2011
ORAL
ORDER
The
applicants – accused of Sessions Case No. 75/2008, who have been
convicted and sentenced by the learned Sessions Judge, Godhra vide
judgment and order dated 6.2.2010, have filed this application for
releasing them on bail pending the Criminal Appeal No. 1601/2010
which has been admitted by this Court.
It
may be stated at the outset that along with the above appeal, the
applicants have filed bail application, which was withdrawn with a
liberty to file a fresh bail application if the appeal is not heard
within a period of three months.
Today,
learned advocate Mr YM Thakkar appearing for the applicant has
submitted that all the accused nos. 1 to 7 are in jail since long. He
has read the jail report and submitted that applicants no. 1, 4,5 and
7 are in jail since more than 4 years and 11 months, whereas,
applicants nos. 2, 3 and 6 are in jail for a period of more than 2
years and three months. In that view of the matter, Mr Thakkar
submitted that the applicants are required to be released on bail.
As
against this, Mr HL Jani learned APP has opposed this application and
prayed that this application is required to be dismissed.
I
have perused the papers and the impugned judgment and order of
conviction and sentence passed by this court. It may be noted that
the appeal is of the year 2010 and now this Court is dealing with the
appeals of 2007-2008 and the appeal of the present applicants will
not be heard in near future.
In
that view of the matter, I am of the opinion that this is a fit case
to grant the bail. The applicants are ordered to be released on bail
on their furnishing personal bonds of Rs. 10,000/- each with one
surety of the like amount before the trial Court, on usual terms and
conditions. Rule made absolute. DS Permitted.
(Z.K.
SAIYED, J)
mandora/
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