Salimbhai Jamalbhai Khatki vs State Of Gujarat
2021 Latest Caselaw 6049 Guj

       R/CR.RA/298/2021                             ORDER DATED: 15/06/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL REVISION APPLICATION NO. 298 of 2021
                                With
       CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021
          In R/CRIMINAL REVISION APPLICATION NO. 298 of 2021
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                          SALIMBHAI JAMALBHAI KHATKI
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR. SOEB R. BHOHARIA(2205) for the Applicant(s) No. 1,2
VALIMOHAMMED PATHAN(6383) for the Applicant(s) No. 1,2
MS KRINA CALLA, APP (2) for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                Date : 15/06/2021

                            COMMON ORAL ORDER

ORDER IN CRIMINAL REVISION APPLICATION:

Rule. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

ORDER IN CRIMINAL MISC.APPLICATION (REGULAR BAIL):

1. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent-State. Rule is fixed forthwith.

2. Present 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 09.03.2021 passed by learned Sessions Judge, Bhavnagar in Criminal Appeal No.2 of 2017, thereby dismissing the appeal and affirming the judgment, order and sentence dated 14.12.2016 passed by learned 12th Additional Chief Judicial

R/CR.RA/298/2021 ORDER DATED: 15/06/2021

Magistrate, Bhavnagar in Criminal Case No.3235 of 2012 under Sections 6(b)(1) and 8(4) of Gujarat Animal Preservation Act, 1954.

3. The learned advocate appearing for the applicants/original accused Mr.Soeb Bhoharia submits that the learned Magistrate has convicted the applicants/accused under Section 6(1)(b), 8(4) of the Gujarat Animal Preservation Act, 1954 and sentenced them to suffer RI for 6 months each and pay fine of Rs.2,500/- each and in default, further imprisonment of 3 months.

4. It is reported by learned counsel for the applicants that the applicants/accused have surrendered before the concerned Court.

5. Considering the facts stated in the application and the issue raised in the revision, it requires consideration and it will take time to dispose of the same. Hence, present application is allowed. The applicants are hereby released in connection with the order of sentence and conviction passed on 14.12.2016 passed by learned 12th Additional Chief Judicial Magistrate, Bhavnagar in Criminal Case No.3235 of 2012, on usual terms and conditions and on their furnishing personal bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court. Rule is made absolute.

Direct service is permitted through e-mode.

(ILESH J. VORA,J) TAUSIF SAIYED