(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY)
1. Heard Mr. J. M. Panchal learned Advocate for the applicant, Mr. L. R. Poojari, learned APP for the State and Mr. Y. N. Ravani, learned counsel for Central Bureau of Investigation (CBI).
2. Rule.
Mr. L. R. Poojari, learned APP for the respondent-State and Mr. Y. N. Ravani, learned counsel for CBI waives service of rule for respective respondents.
3. It is pointed out that a similarly situated co-convict - original accused no.5 named Mohammad Hanif Gohel, has approached this Court and qua him the sentence imposed is suspended by Order dated 16.07.2012 as recorded in Criminal Miscellaneous Application No.7987 of 2012.
4. Learned Advocate for the applicant has contended that the case of the present applicant is at par with the case of applicant of Criminal Miscellaneous Application No.7987 of 2012. Learned Advocate Mr. Y. N. Ravani appearing for respondent CBI is not in a position to dispute this parity aspect.
5. Under these circumstances, it is deemed proper that the present applicant be also enlarged on bail by suspending the substantive sentence imposed upon him, as is done in Criminal Miscellaneous Application No.7987 of 2012.
6. Considering the totality, it is ordered that the sentence imposed upon the present applicant-original accused No.4, by learned Special C.B.I.Judge, Court No.4, Ahmedabad in CBI Special Case No.39 of 1990, shall stand suspended during the pendency of Criminal Appeal No.1083 of 2012 and it is ordered that the applicant, Piyushbhai Arvindbhai Gajjar S/o. Arvindbhai Gajjar shall be enlarged on bail on his furnishing the personal bond of Rs.5,000/- and one solvent surety of the like amount, with the further direction that he shall surrender his passport, if any.
7. Application is allowed accordingly. Rule made absolute.
Direct service is permitted.
(Ravi R.Tripathi, J.) (Paresh Upadhyay, J.) Sunil W.
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