Gujarat High Court
Dineshbhai Shanabhai Sodha Parmar vs State Of Gujarat on 6 March, 2002
Author: C.K.Buch
Bench: C.K.Buch
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL APPEAL No 304 of 2002
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DINESHBHAI SHANABHAI SODHA PARMAR
Versus
STATE OF GUJARAT
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Appearance:
1. Criminal Appeal No. 304 of 2002
MR JM PANCHAL for Petitioners No. 1-3
MR KJ PANCHAL for Petitioners No. 1-3
MS HANSA PUNANI, APP for Respondent No. 1
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CORAM : MR.JUSTICE C.K.BUCH
Date of Order: 06/03/2002
ORAL ORDER
Admit.
Ld. counsel Mr. Panchal appearing for appellants-accused has prayed for bail under Section 389 of CrPC for all the three appellants-accused. He has submitted that appellant nos. 2 & 3 were on bail pending trial and even after recording conviction and imposition of sentence, the said judgment and order was placed under suspension on the date of pronouncement and appellant nos. 2 & 3 were released on bail. He, therefore, submitted that appellant nos. 2 & 3 be released on bail pending hearing and final disposal of this appeal. So far as appellant no.1 husband of the victim is concerned, ld. counsel Mr. Panchal has submitted that he was under-trial all throughout and vide impugned judgment, appellant no.1 is sentenced to undergo R/I for 3 Years and to pay fine for the offence punishable under section 498A of IPC. According to ld. counsel Mr. Panchal, appellant no.1 has also paid fine amount. He has further submitted that as appellant no.1 was not released on bail pending trial, he was not released on bail by ld. Sessions Judge while releasing appellant nos. 2 & 3 on bail by suspending sentence qua them. He has further submitted that appellant no.1 has already spent around 26 months as Under-trial and he is entitled HC-NIC Page 1 of 2 Created On Sat Sep 03 03:28:20 IST 2016 to set off against imposition of R/I for 3 years. Under the circumstances, in view of the facts and circumstances of the case and without going into merits of the matter, pending the hearing and final disposal of this appeal, appellant nos. 2 & 3 viz. Shanabhai Somabhai Sodha Parmar and Kamlaben Shanabhai Sodha Parmar are hereby ordered to be released on bail on same terms and conditions on which they came to be released on bail by the ld. Sessions Judge. Same bail fresh bonds. Bail before the trial Court.
So far as appellant no.1 Shri Dineshbhai Shanabhai Sodha Parmar is concerned, pending the hearing and final disposal of this appeal, appellant no.1 is ordered to be released on bail on his furnishing Solvent Surety of Rs. 10,000/ (Rs. Ten thousand only ) and Personal Bond of the like amount on usual terms and conditions and on a further condition that appellant no.1 shall file an undertaking before the trial Court that he will not leave the territory of State of Gujarat without the prior permission of the trial Court. Bail before the trial Court.
Direct Service is permitted.
6.3.2002[ C.K. BUCH, J] *rawal HC-NIC Page 2 of 2 Created On Sat Sep 03 03:28:20 IST 2016