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CR.RA/470/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 470 of 2011
=========================================
JATIN
ISHWARLAL BHAVSAR
Versus
STATE
OF GUJARAT
=========================================
Appearance
:
MR JAYESH A DAVE for
Applicant
MR HL JANI APP for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 18/10/2011
ORAL
ORDER
[1] RULE.
Learned APP Mr.H. L. Jani waives service of rule for the respondent –
State.
[2] The
present revision application has been filed by the applicant for the
prayer regarding the suspension of the sentence imposed by the
learned Chief Judicial Magistrate, Gandhinagar in Criminal Case
No.9853 of 2009, pending hearing of Criminal Appeal No.23 of 2011
before the Court of Sessions, Gandhinagar, on the grounds stated in
the memo of application.
[2] Heard
learned advocate Mr.Jayesh A. Dave for the applicant.
[3]
Learned advocate Mr.Jayesh A. Dave for the applicant has stated that
against the judgment and order passed by the Chief Judicial
Magistrate, Gandhinagar in Criminal Case No.9853 of 2009 regarding
conviction of the present applicant – appellant-accused,
Criminal Appeal No.23 of 2011 has been preferred before the Court of
Sessions, Gandhinagar, which is pending. However, pending the appeal,
application for suspension of the sentence and to release the
applicant on bail has been turned down by the learned Additional
Sessions Judge, Gandhinagar vide order dated 06.07.2011. Therefore,
the revision application has been filed. Learned advocate for the
applicant has stated that out of total sentence of seven years, he
has already undergone more than two and half years. He has referred
to and relied upon the decision of the Apex Court in the case of
Bhagwan Rama Shinde Gosai and others Vs. State of Gujarat, reported
in (1999) 4 SCC 421.
[4] In
view of the submissions made by the learned advocate for the
applicant and learned APP for the respondent – State and
considering the provisions of Section 389 of the Criminal Procedure
Code and observations made by the Apex Court regarding suspension of
the sentence including the judgment reported in (1999) 4 SCC 421, the
present revision application deserves to be allowed and accordingly
stands allowed. The prayer in terms of paragraph No.8(a) is granted.
The impugned judgment and order dated 06.07.2011 passed by the
Additional Sessions Judge, Gandhinagar below Ex.4 in Criminal Appeal
No.23 of 2011 refusing to release the applicant on bail is hereby
quashed and set aside. The applicant is ordered to be released on
bail on executing a personal bond of Rs.5,000/- with
one surety of the like amount to the satisfaction of the trial Court.
The applicant shall not leave India without prior permission of this
Court and shall surrender passport before the trial Court. Rule is
made absolute. Direct service is permitted.
[
RAJESH H.SHUKLA, J. ]
vijay
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