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Narendrabhai Balubhai Padsala vs State Of Gujarat
2021 Latest Caselaw 3854 Guj

Citation : 2021 Latest Caselaw 3854 Guj
Judgement Date : 5 March, 2021

Gujarat High Court
Narendrabhai Balubhai Padsala vs State Of Gujarat on 5 March, 2021
Bench: S.H.Vora
        R/CR.RA/180/2021                                  ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL REVISION APPLICATION NO. 180 of 2021
                             With
    CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021
       In R/CRIMINAL REVISION APPLICATION NO. 180 of 2021
                             With
        R/CRIMINAL REVISION APPLICATION NO. 181 of 2021
                             With
    CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021
       In R/CRIMINAL REVISION APPLICATION NO. 181 of 2021
==========================================================
                  NARENDRABHAI BALUBHAI PADSALA
                              Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
G K VAGHANI(7830) for the Applicant(s) No. 1,2
MR TUSHAR L SHETH(3920) for the Applicant(s) No. 1,2
MR PRANAV TRIVEDI, APP (2) for the Respondent(s) No. 1
==========================================================
 CORAM: HONOURABLE MR. JUSTICE S.H.VORA

                           Date : 05/03/2021

                            ORAL ORDER

Order in Criminal Revision Applications

It is reported at bar that original accused nos.1 to 3 have suffered sentence and they have not challenged the judgment and order of conviction. The applicants herein are original accused nos.4 to 7.

Since the challenge in both the revision applications is arising out of the common judgment and order, they are heard together. Considering the nature of short sentence imposed upon the applicants, present revision applications deserve consideration. Hence, Rule. Learned APP waives service of notice of Rule for respondent-State.

R/CR.RA/180/2021 ORDER

Order in Criminal Misc. Applications

The applicants are original accused nos.4 to 7 and they have tendered application under Order 12 Rule 6 of the Code of Civil Procedure before the learned Trial Court at Kapadvanj in Special Civil Suit No.43 of 2018 and same is pending. Accordingly the applicants are ready and willing to invite judgment on admission and cancel document dated 17.03.2016, which was subject matter of trial.

In view of above, Notice returnable on 26.03.2021. Learned APP waives service of notice on behalf of respondent - State. Pending the hearing and final disposal of main revision applications, the impugned judgment and order of sentence rendered by the learned trial Court which has been confirmed by the learned Appeal Court is suspended till the returnable date and on further condition to place on record outcome of application preferred under Order 12 Rule 6 of the Code of Civil Procedure before the returnable date. The applicants are ordered to be continued 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/- each.

Learned Trial Judge, at Kapadvanj is directed to expedite the hearing of the application preferred by the applicants under the provisions of Order 12 Rule 6 of the Code of Civil Procedure and pass judgment on admission as expeditiously as possible but not later than two weeks from today. Direct Service is permitted, today.

(S.H.VORA, J) SATISH

 
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