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CR.MA/5915/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5915 of 2008
In
CRIMINAL
APPEAL No. 1446 of 2006
==========================================
VEPARI
KADARBHAI RAHEMANBHAI
Versus
STATE
OF GUJARAT
==========================================
Appearance
:
MR GAURAV K
MEHTA for Applicant
MR MR MENGDEY APP for
Respondent
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
Date
: 22/07/2008
ORAL
ORDER
This
application is preferred by the applicant for the refund of the
amount of Rs.60,499.17 paise being the amount of supplementary bill
which was paid by him by way of a condition of an order passed by
this Court on 17.08.2006, while exercising the power under Section
389 of the Code of Criminal Procedure.
Learned
advocate for the applicant was heard and he stated that he applied
for the fresh electric connection, but the Company is not giving the
electric connection on account of amount is not deposited, which is
deposited before the trial Court and, therefore, the prayer in this
application is to refund the amount of Rs.60,500/- deposited by the
applicant before the trial Court in pursuance of the order passed by
this Court, as aforesaid.
The
amount which was deposited by the applicant before the trial Court
was deposited as a condition of bail while exercising powers by this
Court under Section 389 of the Code of Criminal Procedure. It has no
connection whatsoever in respect of fresh electric connection which
might have been requested by the applicant. The amount deposited by
the trial Court is made subject to the outcome of Criminal Appeal
No.1446 of 2006 filed by the applicant upon final decision.
In
this view of the matter, this application stands dismissed.
[J.
R. VORA,J.]
vijay
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