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Sandyaben Hemantbhai Porecha vs State Of Gujarat &

High Court Of Gujarat|21 December, 2012

JUDGMENT / ORDER

Nobody is present for the applicant in both the rounds. The complaint was filed on 24th March 2008, applicant was convicted by both the Courts, Trial Court as well as Appellate Court, for non payment of an amount of Rs. 1,000,00/- ( Rs. One Lakh).
Learned advocate Mr. S.P.Hasurkar appearing for the respondent no. 2, original complainant, has pointed out that in fact there is another complaint against the same applicant wherein the amount is Rs. 6000,00/- (Rs. Six Lakhs). Record shows that the complainant was granted bail vide order dated 2nd May 2008 in Criminal Misc. Application No. 2183 of 2008 in Criminal Revision No. 62 Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Oct 10 03:12:35 IST 2015 R/CR.RA/693/2008 ORDER of 2008 and therefore, probably applicant is released on bail on personal bond of Rs. 5,000/- only. It is say of Mr. Hasurkar that for such reasons the petitioner may never turn up to proceed further in this matter and requested to issue non bailable warrant.
In view of the above facts and circumstances it seems that nobody is present for the applicant since he is on bail. However, considering the fact that no one should be punished without giving proper opportunity, a last opportunity is given to the applicant to proceed further in this matter. However, if the petitioner fails to remain present before the Court, there is no option but to cancel his bail bond.
Issue a show cause notice upon the applicant that why his bail bond should not be cancelled. Notice should be served with copy of this order through registered post.
Registry is directed to inquire from the Court of Judicial Magistrate, Ist Class, Vadodara, about the position of bail given by the present applicant with reference to criminal case of 594 of 2003 and Criminal Misc. case No. 18 of 2008 as well as present criminal Revision Application.
Office is further directed to list both the Criminal Revision application together on the next date.
(S.G.SHAH, J.) Deepak Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Oct 10 03:12:35 IST 2015
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Title

Sandyaben Hemantbhai Porecha vs State Of Gujarat &

Court

High Court Of Gujarat

JudgmentDate
21 December, 2012