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CR.MA/13760/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13760 of 2010
In
CRIMINAL
APPEAL No. 1879 of 2010
=========================================
VIPUL
@ TINO CHANDUBHAI PATEL & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
LR PATHAN for
Applicant(s) : 1 - 2.
MR HL JANI, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 25/11/2010
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 applicants under Section 389 of the Code
of Criminal Procedure, 1973 to suspend the sentence imposed upon
them vide order dated 30th October 2010 passed by the
learned 2nd Additional Sessions Judge, 2nd
Additional Sessions Court, Panchmahal at Godhra, in Sessions Case
No.35 of 2008 by releasing the applicants-accused on bail during the
pendency of the appeal.
The
learned Judge by his judgment and order dated 30th
October 2010 convicted the applicants under Sections 326 and 323
read with Section 114 of the Indian Penal Code.
Heard
Mr.L.R. Pathan, learned counsel for the applicants and Mr.H.L. Jani,
learned Additional Public Prosecutor for the respondent-State.
I
have gone through the papers produced before me as well as the
judgment and order of conviction passed by the learned Judge.
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 applicants. 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 applicants-original accused is hereby ordered to
be released on bail on their furnishing surety of Rs.10,000/- each
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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