Gujarat High Court Case Information System
Print
CR.A/2739/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 2739 of 2008
With
CRIMINAL
MISC.APPLICATION No. 13907 of 2008
In
CRIMINAL
APPEAL No. 2739 of 2008
=========================================================
SIKANDAR
MAHEMAD SHAFI SAIYAD - Appellant
Versus
STATE
OF GUJARAT ? Respondent.
=========================================================
Appearance
:
MR
HRIDAY BUCH for
Appellant.
MR UR BHATT, ADDL.PUBLIC PROSECUTOR for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 24/10/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Appeal
Admitted.
Criminal
Misc. Application No. 13907/2008
Rule.
Learned A.P.P. Mr. U.R.Bhatt, waives services of notice of rule on
behalf of the respondent-State.
2. We
have heard learned advocate Mr. Buch for the applicants and learned
A.P.P. Mr. Bhatt for the opponent-State on the question of suspension
of sentence and grant of bail, pending appeal.
3. The
following aspects are considered :-
(1) The
applicant was on bail during the trial and nothing adverse is
reported against him.
(2) The
description of the injuries would indicate that injury No.1, on the
back, was only muscle deep.
4. In
light of the above aspects, we are inclined to entertain this
application.
The
application is allowed. The sentence imposed on the applicant by the
learned Additional Sessions Judge, Fast Tract Court No.2, Anjar,
Kutch, in Sessions Case No.26/2004, by judgment and order dated
19.9.2008, is suspended till final disposal of the appeal. The
applicant is ordered to be released on bail on his executing a
personal bond of Rs. 10,000/- (Rupees Ten Thousand), and furnishing a
surety of the like amount to the satisfaction of the trial Court, on
conditions that he shall confine himself to State of Gujarat and
shall surrender the passport, if any, before the trial Court.
The
above order shall come into operation only if and when the applicant
pays the fine imposed by the trial Court.
Rule
is made absolute accordingly. Direct Service today is permitted.
[A.L.Dave,J.]
[J.C.Upadhyaya,J.]
Top