Jay Jal Petrochemicals Pvt.Ltd. Thro' ... vs Central Bureau Of Investigation & on 25 August, 2014

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Gujarat High Court

Jay Jal Petrochemicals Pvt.Ltd. Thro' ... vs Central Bureau Of Investigation & on 25 August, 2014

Bench: R.M.Chhaya

       R/CR.MA/12399/2014                                  JUDGMENT



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                              12399 of 2014
                                    In
                     CRIMINAL APPEAL NO. 980 of 2014

FOR APPROVAL AND SIGNATURE:



HONOURABLE MR.JUSTICE R.M.CHHAYA
================================================================
1    Whether Reporters of Local Papers may be allowed to see
     the judgment ?

2    To be referred to the Reporter or not ?

3    Whether their Lordships wish to see the fair copy of the
     judgment ?

4    Whether this case involves a substantial question of law as
     to the interpretation of the Constitution of India, 1950 or any
     order made thereunder ?

5    Whether it is to be circulated to the civil judge ?

================================================================
        JAY JAL PETROCHEMICALS PVT.LTD. THRO' DIRECTOR-
                 PRAVINCHANDRA & 1....Applicant(s)
                            Versus
       CENTRAL BUREAU OF INVESTIGATION & 1....Respondent(s)
================================================================
Appearance:
HL PATEL ADVOCATES, ADVOCATE for the Applicant(s) No. 1 - 2
MR YN RAVANI, ADVOCATE for the Respondent(s) No. 1
MS HANSA PUNANI, APP for the Respondent(s) No. 2
================================================================
         CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
                      Date : 25/08/2014
                            ORAL JUDGMENT

1. Heard Mr.Vijay H. Patel, learned counsel for H.L.Patel Page 1 of 3 R/CR.MA/12399/2014 JUDGMENT Advocates, for the applicants.

2. Rule. Mr.Y.N.Ravani, learned counsel waives service of Rule on behalf of respondent No.1-C.B.I and Ms.Hansa Punani, learned Additional Public Prosecutor waives service of Rule on behalf of respondent No.2-State.

3. Considering the question of sentence within which the appeal is not likely to be heard, it is not in the interest of justice to ask the applicants to be in jail during the pendency of the appeal.

4. Under the circumstances, the judgment dated 19.07.2014 passed by Special Judge, CBI Court No.3, Mirzapur, Ahmedabad, in Special Case (CBI) No.29 of 2001 shall remain under suspension till final hearing and disposal of the appeal. The applicants are ordered to be enlarged on bail on their executing a fresh bail bond and surety in the sum of Rs.5,000/- each (Rupees Five Thousand Only) to the satisfaction of the Trial Court on the following terms and conditions that the applicants:

(a) shall not take undue advantage of liberty or misuse liberty;

(b) shall surrender passport, if any, before the concerned police authority;

(c) shall not leave territory of India without prior permission of the trial Court;

5. Learned counsel appearing for the respective respondents do not invite any further reasons. The application is allowed. Rule made absolute accordingly. Direct Service is permitted.

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          R/CR.MA/12399/2014                    JUDGMENT




                                            (R.M.CHHAYA, J.)
Suchit




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