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CR.MA/6443/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6443 of 2010
In
CRIMINAL
APPEAL No. 972 of 2010
=========================================================
SUNANDABEN
ROHITDAS PATIL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
HARDIK A DAVE for
Applicant(s) : 1,
MR DEVANG VYAS, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 25/06/2010
ORAL
ORDER
1. Rule.
Mr Devang Vyas, learned APP waives service of rule on behalf of the
State. Having regard to the facts and circumstances of the case and
by consent of both the sides, this application is taken up for
hearing today.
2. This
is an application preferred by the applicant under Section 389 of the
Code of Criminal Procedure seeking bail against the judgment and
order of conviction and sentence passed by the learned Special
Designated Judge and 4th Additional Sessions Judge, Surat
in Special Electricity Case No.16 of 2008 dated 7.6.2010, whereby the
present applicant has been convicted for the offence punishable under
Section 135(1) of the Electricity Act, 2003 to undergo rigorous
imprisonment for a period of one year with fine of Rs.3,27,000/- and
in default of the same, to further undergo simple imprisonment for a
period of six months.
3. Learned
advocate Mr Hardik A Dave for the applicant states that the applicant
has already paid the fine imposed by the learned Judge and the
receipt of the same is also produced along with the compilation of
the papers. Considering the fact that the appeal is arising from the
short sentence imposed by the learned Judge and considering the
pendency of large number of matters, I am of the view that the
applicant deserves to be enlarged on bail on same bail fresh bond and
subject to the conditions that :-
(i) The applicant shall
not leave the territorial limits of the State of Gujarat without
prior permission of this Court.
(ii) The applicant shall
not involve himself in such or similar offence hereafter.
(iii) The applicant shall
surrender his passport, if any, before the Trial Court concerned.
4. In
the meanwhile, the substantive sentence imposed by the learned Judge
shall remain suspended during pendency and final disposal of the
appeal.
5. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
[H.B.ANTANI,
J.]
mrpandya
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