Gujarat High Court
Patel Vasantbhai Jayantibhai ... vs State Of Gujarat on 24 January, 2022
Bench: B.N. Karia
R/CR.RA/581/2021 ORDER DATED: 24/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 581 of 2021
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PATEL VASANTBHAI JAYANTIBHAI PROPRIETOR OF THE SAI KRUPA
TRAVELS AND SHRI JALARAM CATERING
Versus
STATE OF GUJARAT
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Appearance:
MR YASH K DAVE(10269) for the Applicant(s) No. 1
YASHKUMAR J TRIVEDI(9624) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR HARDIK SONI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 24/01/2022
ORAL ORDER
As per order passed by this Court on 26.11.2021 to call a
report from learned 11th Additional District and Sessions Judge,
Vadodara about status of Criminal Appeal No. 58 of 2020 on
or before 9th December 2021.
Registry has put up the report dated 02.12.2021
submitted by 11th Additional District and Sessions Judge,
Vadodara submitting that out of 20% amount ie. Rs.
7,50,000/-, applicant has paid Rs. 5,00,000/- on 17th
November 2021 and he has shown his readiness and
willingness to deposit the rest of the amount within 15 days.
By preferring present application, the applicant has
requested to delete the condition of depositing 20% of the
R/CR.RA/581/2021 ORDER DATED: 24/01/2022
cheque amount imposed in Criminal Appeal No. 58 of 2020 by
learned Judge, Vadodara and requested to stay the operation
and implementation of the condition to deposit of 20% of the
cheque amount imposed by the learned Judge, Vadodara in
Criminal Appeal No. 58 of 2020 during the pendency and final
hearing of this application.
Today, when the matter was called out, learned advocate
for the applicant was not present to assist the court as
happened in previous two occasions ie., on 31st August 2021 as
well as 26th November 2021.
From the record it appears that in Criminal Appeal
1. This application stands granted and whereby, the
execution, operation and implementation of the
impugned judgment and order dated 07/01/2020
passed by the leaned trial court in Criminal Case
No.39502 2016 is suspended till disposal of the appeal
and the accused is hereby enlarged on bail subject to
deposition of 20%. of cheque amount within 30 days
from the date of this order, on the conditions that;
a) The appellant shall furnish his personal bond of
Rs.15,000/(Rupees Fifteen Thousand Only) and one
surety of like amount;
b) The appellant shall not change his place of residence
without the prior permission of the court;
R/CR.RA/581/2021 ORDER DATED: 24/01/2022
c) The appellant shall co-operate for the expeditious
disposal of this appeal and he shall remain present before
this Court regularly on each and every date of hearing of
this appeal;
d) The appellant shall not leave the territory of India
without the prior permission of the Court.
3. Yadi of this order be sent to the learned trial court
concerned.
It appears from the record that out of Rs. 7,50,000/-,
applicant has paid Rs. 5,00,000/- and as per report dated
02.12.2021 submitted by 11th Additional District and Sessions
Judge, Vadodara, an undertaking was given by the applicant to
deposit remaining amount within a period of 15 days. Thus,
no cause remains to proceed with the matter.
Hence, present application stands disposed of.
Applicant is hereby permitted to raise the issue whichever
raised in this application before the first appellate court in
Criminal Appeal No. 58 of 2020.
(B.N. KARIA, J)
K. S. DARJI
