Citation : 2021 Latest Caselaw 14958 Guj
Judgement Date : 23 September, 2021
R/CR.RA/671/2021 ORDER DATED: 23/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 671 of 2021
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE)
NO. 1 of 2021
In R/CRIMINAL REVISION APPLICATION NO. 671 of 2021
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KALAPI OFFSET PVT. LTD.
Versus
STATE OF GUJARAT
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Appearance:
MR ALKESH R BHATT(2328) for the Applicant(s) No. 1,2,3
MR FB BRAHMBHATT(1016) for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 2
MS. C.M.SHAH, APP (2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
Date : 23/09/2021
ORAL ORDER
1. Heard Mr. F.B.Brahmbhatt, learned advocate for the applicants.
2. This Revision Application is filed challenging the judgment of conviction and order of sentence passed by the trial Court as also confirmed by the Appellate Court. Since the date of appellate Court's decision, i.e. 14.09.2021, the applicants are in judicial custody.
3. Ms. Devanshi Kakkad, learned advocate has instructions to appear for and on behalf of respondent No.2 - original complainant viz. Simaben Manilal Thakkar, who is personally present before the Court and duly identified by Ms. Devanshi Kakkad. She is permitted to file her appearance with the Registry. Registry is directed to accept the same.
R/CR.RA/671/2021 ORDER DATED: 23/09/2021
4. Learned advocates representing the parties submitted that the original complainant - Simaben Manilal Thakkar is the sister of applicant No.2 - Vijaybhai Manilal Thakkar and applicant No.3 - Vandanaben Vijaybhai Thakkar is the sister-in-law of the original complainant.
5. In view of the fact that out of the cheque amount of Rs.14,21,000/-, the applicants have already deposited an amount of Rs.7,10,000/- before the trial Court, whereas Rs.3,00,000/- has already been paid to the original complainant during the course of trial. However, they have submitted that the matter is settled between them and as per their mutual understanding, an obligation on the part of applicants - accused is to be fulfilled within the short time.
6. On such assurance being made, original complainant - Simaben Manilal Thakkar, who is present before the Court, submitted that if they are released on bail pending this revision application, she has no objection.
7. Considering the same, the applicants are ordered to be released on bail pending this revision application on their executing a bond of Rs.15,000/- (Rupees Fifteen Thousand Only) each with a surety of the like amount on usual terms and conditions.
8. Direct service is permitted. The matter is posted for further hearing on 20th October, 2021.
(UMESH A. TRIVEDI, J) Lalji Desai
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