Rameshbhai Virmabhai Raval vs State Of Gujarat
2021 Latest Caselaw 3679 Guj

            R/CR.RA/142/2021                                      ORDER



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
            R/CRIMINAL REVISION APPLICATION NO. 142 of 2021
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                         RAMESHBHAI VIRMABHAI RAVAL
                                   Versus
                             STATE OF GUJARAT
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Appearance:
ARCHITA M PRAJAPATI(8241) for the Applicant(s) No. 1
MR MP PRAJAPATI(677) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR PRANAV TRIVEDI APP(2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE S.H.VORA
                    Date : 02/03/2021
                      ORAL ORDER

Prima-facie, it appears that there was a slope at the place where the incident took place, petitioner applied for break and thus the auto-rickshaw overturned. The Courts below did not examine this aspect of the matter to satisfy the ingredients of rash and negligent driving as defined under Section 279 of the Indian Penal Code and therefore, present revision application deserves consideration. Hence, Rule. Learned APP waives service of notice of Rule for respondent-State. Pending the hearing and final disposal of main

revision application, the judgment and order of sentence passed by the learned Principal Civil Judge and Judicial Magistrate First Class, Saraswati-

Patan on 09/05/2019 in Criminal Case No.257 of 2018 as confirmed by the

judgment and order dated 28/01/2021 passed by the learned Sessions

Judge, Patan in Criminal Appeal No.24 of 2019 is stayed. The petitioner is

ordered to be released on bail on the same terms and conditions as were

imposed by the learned Appeal Court; but subject to furnishing fresh bail

bond in the sum of Rs.10,000/-.

Direct Service is permitted.

(S.H.VORA, J) sompura