Maheshdan Natvardan Gadhvi vs State Of Gujarat on 30 May, 2019

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Gujarat High Court

Maheshdan Natvardan Gadhvi vs State Of Gujarat on 30 May, 2019

Bench: R.P.Dholaria

        R/CR.A/1133/2019                                      ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
              R/CRIMINAL APPEAL NO. 1133 of 2019
                             With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                           1 of 2019
             In R/CRIMINAL APPEAL NO. 1133 of 2019
==========================================================
                    MAHESHDAN NATVARDAN GADHVI
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR YOGESH LAKHANI, SENIOR ADVOCATE FOR
MR. PANAM C SONI(7035) for the Appellant(s) No. 1
MR LB DABHI, APP for the Opponent(s)/Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA

                           Date : 30/05/2019
                            ORAL ORDER

Order in Criminal Appeal Heard. ADMIT.

The formal service of notice of admission is waived by learned APP for and on behalf of the respondent-State.

Order in Criminal Misc. Application No.1 of 2019

1. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. This application is filed by the applicant seeking suspension of sentence imposed by the judgment and order dated 09.05.2019 passed in Special Case No.3 of 2009 by learned Special Judge & 6th Additional Sessions Judge, Gondal and to release him on bail during the pendency of the aforementioned Criminal Appeal.

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R/CR.A/1133/2019 ORDER

3. Learned Senior Advocate Mr. Yogesh Lakhani submits that during trial, the applicant was on bail and after recording conviction also, he was on bail.

4. Learned APP Mr. L.B. Dabhi strongly opposed for grant of suspension of sentence.

5. Heard Mr. Yogesh Lakhani, learned Senior Advocate for Mr. Panam Soni, learned advocate for the applicant and Mr. L.B. Dabhi, learned APP for the respondent-State.

6. Having heard learned advocates appearing for the respective parties and having gone through the materials available on record as well as perused the impugned judgment, this Court is of the considered opinion that present application requires consideration and prayer in terms of bail is allowed. The sentence imposed by the judgment and order dated 09.05.2019 passed in Special Case No.3 of 2009 by learned Special Judge & 6th Additional Sessions Judge, Gondal is hereby suspended pending hearing and final disposal of the Criminal Appeal. The applicant shall be released on bail by executing fresh bond of Rs.15,000/- (Rupees Fifteen Thousand only) and one surety of the like amount to the satisfaction of trial court on condition that he shall proceed with the Criminal Appeal as and when it may be listed, and he shall surrender his passport, if having, before the learned trial court and shall not leave India without prior permission of this Court. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(R.P.DHOLARIA, J) TAUSIF SAIYED Page 2 of 2 Downloaded on : Wed Jul 03 01:29:43 IST 2019

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