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2016 DIGILAW 1941 (GUJ)

Ranchhodbhai Nathabhai Patel v. State of Gujarat

2016-09-06

S.G.SHAH

body2016
ORDER : S.G SHAH, J. Order in Criminal Revision Application : 1. Rule, returnable on 17.10.2016 Learned APP waives service of notice of rule for respondent No. 1 - State. Order in Criminal Misc. Appln. No. 20060 of 2016 2. Rule. Learned APP waives service of notice of rule on behalf of respondent State. 3. In the present Criminal Revision Application, the applicant herein original accused has prayed to release him on bail by suspending the sentence imposed by order dated 28.1.2010 passed by the learned Judicial Magistrate First Class, Shinor in Criminal Case No. 524 of 1993 as well as the judgment and order dated 18.07.2016 passed by the learned 7th Addl. Sessions Judge, Vadodara in Criminal Appeal No. 12 of 2010 rejecting the appeal filed by the present applicant and confirming the order passed by the learned J.M.F.C, Shinor, by which, the applicant has been convicted for the offence punishable under Sections 408 of the Indian Penal Code and sentenced to undergo rigorous imprisonment of one month with fine of Rs.2,500/- and in default, to undergo further period of one month R.I for the offence punishable u/s.408 of the IPC. 4. Heard learned advocate Mr. Devendra Pandya appearing for the applicant and learned APP Mr. K.P Raval for the respondent - State and perused the record of the case. 5. Considering the overall facts and circumstances of the caser and sentence imposed by the learned J.M.F.C, Shinor vide order dated 28.1.2010 in Criminal Case No. 524 of 1993 and confirmed by 7th Addl. Sessions Judge, Vadodara in Criminal Appeal No. 12 of 2010, the present application requires consideration and the same is allowed. The sentence imposed by order dated 28.1.2010 passed by the learned J.M.F.C, Shinor in Criminal Case No. 524 of 1993 as well as the judgment and order dated 18.07.2016 passed by the 7th Addl. Sessions Judge, Vadodara in Criminal Appeal No. 12 of 2010 are hereby suspended. The applicant shall be released on regular bail on executing personal bond of Rs. Sessions Judge, Vadodara in Criminal Appeal No. 12 of 2010 are hereby suspended. The applicant shall be released on regular bail on executing personal bond of Rs. 25,000/- (Rupees Twenty-five thousand only) and one surety of like amount to the satisfaction of the Trial Court and subject to the conditions that he shall; (a) surrender passport, if any, to the lower court within a week; (b) not leave the State of Gujarat without prior permission of the Trial Court; (c) furnish the present address of residence to the I.O and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court; 6. The applications is allowed and disposed of. Rule is made absolute. Direct service is permitted.