Maganbhai Chikubhai Baraiya vs State Of Gujarat
2021 Latest Caselaw 7753 Guj

     R/CR.RA/447/2021                             ORDER DATED: 05/07/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL REVISION APPLICATION NO. 447 of 2021
                              With
     CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021
                               In
         R/CRIMINAL REVISION APPLICATION NO. 447 of 2021
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                        MAGANBHAI CHIKUBHAI BARAIYA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR HARNISH V DARJI(3705) for the Applicant(s) No. 1
MR.RUCHIR R JOSHI(7241) for the Applicant(s) No. 1
MRS KRINA CALLA APP for the Respondent
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                              Date : 05/07/2021

                               ORAL ORDER

Order in Criminal Revision Application :

Rule. Mrs. Krina Calla, learned APP waives service of notice of Rule on behalf of respondent State.

Order in Criminal Misc. Application :

1. Rule. Mrs. Krina Calla, learned APP waives service of notice of Rule on behalf of respondent State.

2. This Criminal Revision Application under Section 401 read with Section 397 of the Code of Criminal Procedure is directed against the sentence, judgment and order dated 11.06.2021 passed by the learned Principal Sessions Judge, Amreli in Criminal Appeal No. 1 of 2017, whereby, the learned Sessions

R/CR.RA/447/2021 ORDER DATED: 05/07/2021

Judge has confirmed the order of conviction and sentence dated 30.12.2016 passed by the learned Chief Judicial Magistrate, Amreli in Criminal Case No.1488 of 2015 and dismissed the Appeal.

3. The learned advocate appearing for the applicant / original accused Mr. H. V. Darji, submits that the applicant was on bail during the pendency of the trial and in the pending Appeal. The learned Magistrate has convicted the applicant/accused under Section 394 of the IPC and directed to undergo 3 months RI and fine of Rs.2000/- and in default of fine, further SI for 2 months. The applicant is also convicted under Section 447 and ordered to undergo SI for 3 months The appellant Court has confirmed the said order.

4. Considering the facts and circumstances of the case and the fact that the Criminal Revision Application requires consideration and therefore, pending the present Criminal Revision Application, the applicant - convict is hereby released in connection with the order of sentence and conviction passed on 30.12.2016 by the learned Chief Judicial Magistrate, Amreli in Criminal Case No.1488 of 2015, on usual terms and conditions and on his furnishing personal bond of Rs.10,000/- (Rs. Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court The sentence is suspended till final disposal of present Revision Application.

Direct service through FAX and E-mail is permitted.

(ILESH J. VORA,J) P.S. JOSHI