IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 13296 of 2012 In CRIMINAL APPEAL No. 1411 of 2012 For Approval and Signature:
HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? YES 3 2 To be referred to the Reporter or not ? NO Whether their Lordships wish to see the fair copy of the judgment ? NO Whether this case involves a substantial question 4 of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? NO 5 Whether it is to be circulated to the civil judge ? NO ========================================================= SALEMAMAD VELJI SODHA & 4 - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) =========================================================
Appearance :
MR KIRTIDEV R DAVE for Applicant(s) : 1 - 5.
MR LB DABHI ADDL.PUBLIC PROSECUTOR for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 25/09/2012
ORAL JUDGMENT
1.00. Present application under section 389 of the Code of Criminal Procedure has been preferred by the applicants – original appellants – accused to suspend the sentence awarded by the learned 3rd Special Judge (Atrocity), Bhuj-Kutch vide judgement and order of conviction and sentence passed in Special Case (Atrocity) No.20 of 2011 dtd.30/8/2012 and to release them on bail.
2.00. Considering the fact that the applicants – original accused have been convicted and sentenced to undergo punishment for a period of SIX MONTHS and the applicants were on bail during the entire trial and considering the quantum of punishment, applicants herein – original accused are ordered to be continued on bail on same bail fresh bond, on the same terms and conditions on which they were on bail during the trial. Rule is made absolute accordingly, Direct Service is permitted.
[M.R. SHAH, J.] rafik