Gujarat High Court
Devji @ Babu Ramji Mayatra vs State Of Gujarat on 24 January, 2018
Author: Anant S. Dave
Bench: Anant S. Dave, A.G.Uraizee
R/CR.MA/28038/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF
SENTENCE) NO. 28038 of 2017
In CRIMINAL APPEAL NO. 1532 of 2017
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DEVJI @ BABU RAMJI MAYATRA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR NIKHIL S KARIEL, ADVOCATE for the Applicant(s) No. 1
HCLS COMMITTEE, ADVOCATE for the Respondent(s) No. 1
MR PV PATADIYA, ADVOCATE for the Respondent(s) No. 1
MR MITESH AMIN PP with MS SHRUTI S PATHAK APP for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 24/01/2018
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE)
1. Heard Mr.Nikhil Kariel, learned advocate for the applicant, Mr. P.V.Patadiya, learned advocate for the victim and Mr. Mitesh Amin, learned Public Prosecutor with Ms. Shruti S.Pathak, learned Addl. Public Prosecutor.
2. Apropos to the order dated 12.1.2018 passed by this Court, affidavit-in-reply is filed by Dy. Secretary, Legal Department of Government of Gujarat dated 23.1.2018 which includes budgetary provisions made by the State of Gujarat pursuant to fund made available by Ministry of Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed Jan 24 22:58:48 IST 2018 R/CR.MA/28038/2017 ORDER Finance, Government of India and guidelines issued for Compensation Fund. On perusal of the above affidavit-in- reply, we would like to seek detail response from the Government of Gujarat later on, but, at present, the victim shall apply for compensation before concerned District Legal Services Authority, District: Kutch, within a week from today and if such an application is received by District Legal Services Authority, District: Kutch, in view of notifications issued by State of Gujarat under section 357A of Code of Criminal Procedure, 1973 from time to time namely on 2.1.2016 and amended vide notification dated 7.7.2016, in which, a victim of rape is entitled for minimum amount of Rs.3 lacs and upon receiving the application as above, the District Legal Services Authority shall forthwith follow the procedure under Rule 5 of the notification for grant of compensation to victim of other than acid attack and decide such application finally within three weeks from the receipt of the application.
3. For consideration of prayer of the application for suspension of sentence and grant of regular bail as prayed by the victim, we are inclined to adjourn the case on 1st February, 2018.
4. A copy of this order may be given to learned advocate for the victim.
(ANANT S.DAVE, J.)
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R/CR.MA/28038/2017 ORDER
(A.G.URAIZEE,J)
SMITA
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