Gujarat High Court
Gordhanbhai @ Gorsing Virabhai - Thro' ... vs State Of Gujarat & on 26 June, 2013
Author: S.G.Shah
Bench: S.G.Shah
GORDHANBHAI @ GORSING VIRABHAI - THRO' DHANIBEN G AMLIYAR....Applicant(s)V/SSTATE OF GUJARAT R/SCR.A/1921/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION NO. 1921 of 2013 ========================================================== GORDHANBHAI @ GORSING VIRABHAI - THRO' DHANIBEN G AMLIYAR....Applicant(s) Versus STATE OF GUJARAT & 2....Respondent(s) ================================================================ Appearance: PARTY-IN-PERSON, PERSONAL CAPACITY for the Applicant(s) No. 1 MS MOXA THAKKAR, APP for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE S.G.SHAH Date : 26/06/2013 ORAL ORDER
Rule. Ms. Moxa Thakkar, Ld. AGP waives service of rule on behalf of respondent State.
Perused the jail report as well as Criminal Appeal No. 1446/2010 considering the fact that the statement in the application is giving an impression that the petitioner was acquitted by the judgment in such Criminal Appeal. Even wife of the petitioner, who is present in the Court, also made such statement and, therefore, it was necessary to examine the judgment in Criminal Appeal No. 1446/2010. On scrutiny, it is found that the sentence of the petitioner was reduced from 10 years to 4 years in that judgment dated 12/4/2013. Though the petitioner was arrested on 22/8/2007, he was absconded during the period of conviction for 383 days. The jail record also shows that another accused Samru alias Ramsu Nagubhai is also absconding since 28/1/2012. In view of such facts, I do not see any reason to release the petitioner on temporary bail or parole, as prayed for. Hence dismissed.
(S.G.SHAH, J.) * Pansala.
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