(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The office has submitted a Note dated 6.2.2012, whereby, it is reported that since original accused no. 2 could not furnish the bail bonds, he has been sent to the District Jail, Rajkot. Hence, for further order.
2. It is undisputed that the main appeal is against the judgment and order of acquittal passed by the learned Sessions Judge, therefore, as it is, the concerned accused is acquitted unless the appeal is allowed and the conviction is recorded. The purpose of issuing bailable warrant is in order to secure the presence of the accused, in the event, the appeal is to be allowed and the appropriate orders are to be passed. It appears that the financial condition of the original accused no. 2 is such that no surety could be furnished since originally he was outside the Gujarat State. Under the circumstances, the following order is passed:
3. Opponent no. 2 - Lalsing alias Badal Shivgopalsing Thakur be released on personal bond of Rs. 5000/-, unless his presence is required for any other lawful purpose, with the further direction that he shall remain present at the time when the appeal is finally heard either himself or through his authorized advocate. He shall also be at liberty to engage the advocate through the State Legal Aid, if he so desires.
4. Since the opponent no. 1 is absconding, fresh bailable warrant be issued against opponent no. 1, returnable after six weeks. Appeal to be listed after six weeks for further hearing and passing of appropriate order.
6. We may also record that the learned APP shall communicate the order to the concerned Authority.
7. To be heard with Criminal Appeal No. 1995/2010.
[JAYANT PATEL, J.] [PARESH UPADHYAY, J.] mandora/ Top