Gujarat High Court Case Information System
Print
CR.MA/10823/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10823 of 2008
In
CRIMINAL
APPEAL No. 1343 of 2006
==========================================
BABUBHAI
BHAVANBHAI
Versus
STATE
OF GUJARAT & another
==========================================
Appearance
:
THROUGH JAIL for Applicant
MR
LB DABHI APP for
Respondents
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 25/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.R.VORA)
RULE.
Learned APP Mr.L.B.Dabhi waives service of rule on behalf of the
respondents.
This
application is preferred by the applicant – convict, through Jail,
to release him on bail during the pendency of appeal after
suspending the sentence awarded to him on the ground that there is
nobody to look after his appeal and his parents are not alive. It
is also submitted that he has three children and his financial
position is very poor, and his family is passing through
difficulties.
The
present applicant along with other accused came to be convicted for
the offence punishable under Section 397 of the Indian Penal Code
and he was sentenced to undergo imprisonment of ten years and to pay
fine of Rs.2,500/-. Criminal Appeal No.1343/2006 filed by the
applicant convict, was admitted by this Court on 4th
August, 2006. Along with the Criminal Appeal, the applicant had also
preferred Criminal Misc. Application No.8339/2006 under Section 389
of the Criminal Procedure Code for suspending of sentence awarded to
him and to release him on bail during the pendency of appeal. The
said application was not pressed by the applicant and the
application was disposed of as not pressed.
In
view of the above, the question of going into the merits of the case
would not arise as earlier application filed by the applicant was
not pressed by him. There are no changed circumstances entitling the
applicant to release him on bail as prayed for by him. The applicant
is charged with a very serious offence and he was convicted as
aforesaid by 5th Fast Track Court, Veraval at Una on 15th
June, 2006. In view of this, the request for early hearing of the
appeal is also turned down. However, the applicant may apply for
early hearing after the paper book is received by this Court. This
application, therefore, stands dismissed. Rule is discharged.
[J.
R. VORA,J.] [J. C. UPADHYAYA,J.]
vijay
Top