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CR.MA/733/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 733 of 2011
In
CRIMINAL
APPEAL No. 80 of 2011
=========================================
THAKOR
RANCHHODJI SEDHAJI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
DEVANG J JOSHI for
Applicant(s) : 1,
MR HL JANI, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 21/01/2011
ORAL
ORDER
Rule.
Mr.H.L. Jani, learned
Additional Public Prosecutor, waives service of Rule on behalf of
the respondent-State.
Present
application is filed by the applicant under Section 389 of the Code
of Criminal Procedure, 1973 to suspend the sentence imposed upon him
vide order dated 18th December 2010 passed by the learned
Sessions Judge, Patan in Sessions Case No.25 of 2009 by releasing
the applicant-accused on bail during the pendency of the appeal.
The
learned Sessions Judge, Patan by his judgment and order dated 18th
December 2010 convicted the applicant for the offences punishable
under Section 326 of the Indian Penal Code and ordered to undergo
rigorous imprisonment for a period of two-and-half-years and also
impose fine of Rs.05,000/-.
Heard
Mr.Devang Joshi, learned counsel for the applicant and Mr.H.L. Jani,
learned Additional Public Prosecutor for the respondent-State.
Mr.Joshi
has contended that the applicant is on bail today and fine amount
has also been deposited by the applicant.
I
have gone through the papers produced before me as well as the
judgment and order of conviction passed by the learned Sessions
Judge, Patan.
Looking
to the facts of the case, I am of the opinion that this is a fit
case to suspend the sentence awarded to the applicant. Hence, the
present application is hereby allowed. The substantive sentence is
hereby placed under suspension pending hearing and disposal of the
main appeal and the applicant-original accused is hereby ordered to
be released on bail on his furnishing surety of Rs.10,000/- and a
personal bond of the like amount on usual terms and conditions. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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