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CR.RA/324/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 324 of 2009
=========================================================
SOU
MOTU - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
SUO
MOTU for
Applicant(s) : 1,
MR KP RAVAL, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 11/05/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
It
appears that the learned Single Judge of this Court (J.C. Upadhyaya,
J) when considered the proceedings of Criminal Appeal No.405 of 2009
found that the sentence imposed is two years R.I. And fine of
Rs.150/- and in default of payment of fine, imprisonment for further
period of two months has been ordered. Therefore, it was ordered to
issue notice to the appellant as to why sentence should not be
enhanced.
Based
on the aforesaid observations, office has treated the proceedings as
suo motu for enhancement of the sentence to the accused concerned.
Pending
the aforesaid proceedings, it appears that State has already
preferred enhancement appeal being Criminal Appeal No.1183 of 2009
and as per the order passed by this Court today, the said appeal is
admitted.
Under
these circumstances, as the State has pursued the matter for
enhancement of sentence, it would not be necessary to further
continue the proceedings leaving the question to be finalised in
proceedings of Criminal Appeal No.1183 of 2009, which has been
preferred by the State for enhancement of the sentence at the time
of final hearing. Hence, the present application is disposed of
accordingly.
(Jayant
Patel, J)
(Z.
K. Saiyed, J)
Anup
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