Hiteshkumar Bhikhubhai Patel & 4 vs State Of Gujarat on 22 August, 2014

[Cites 1, Cited by 1]

Gujarat High Court

Hiteshkumar Bhikhubhai Patel & 4 vs State Of Gujarat on 22 August, 2014

Bench: R.M.Chhaya

        R/CR.MA/12936/2014                               ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                              12936 of 2014

                  In CRIMINAL APPEAL NO. 1016 of 2014

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         HITESHKUMAR BHIKHUBHAI PATEL & 4....Applicant(s)
                            Versus
                STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MR KIRTIDEV R DAVE, ADVOCATE for the Applicant(s) No. 1 - 5
MR. L.R. POOJARI, APP for the Respondent(s) No. 1
================================================================

        CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA

                             Date : 22/08/2014


                              ORAL ORDER

1. Heard Mr. K.R. Dave learned advocate for the applicant and Mr. L.R. Poojari, learned APP for the respondent - State.

2. Rule. Mr. L.R. Poojari, learned APP waives service of Rule on behalf of the respondent State.

3. By this application under Section 389 of the Code of Criminal Procedure, 1973, the applicant has prayed for stay and suspension of sentence imposed vide judgment and order dated 31.7.2014 passed by Special Judge, 3rd Additional Sessions Page 1 of 3 R/CR.MA/12936/2014 ORDER Judge, Nadiad in Special Atrocity Case No.33 of 2011.

4. Considering the impugned judgment and order of conviction and sentence and more particularly the sentence imposed, this application is allowed. The applicant is hereby ordered to be enlarged on bail and the sentence is suspended pending the hearing of the Appeal on same bail and fresh bond of Rs.5,000/ (Rupees five thousand only) and surety of like amount to the satisfaction of the Trial Court. The applicant shall comply with the usual conditions and the following conditions:

[i] shall not take undue advantage of liberty or misuse the liberty;

[ii] shall surrender Passport, if any, before the concerned Police Authority;

[iii]shall not leave territory of India without prior permission of this Court.

5. The learned APP does not invite any further reasons.

6. Accordingly, the application is allowed. Rule made absolute accordingly. Direct service is permitted.



                                              (R.M.CHHAYA, J.)


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   R/CR.MA/12936/2014                 ORDER


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