Kantilal Dhayabhai Nakum vs State Of Gujarat
2023 Latest Caselaw 2008 Guj

    R/CR.RA/104/2023                            ORDER DATED: 02/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL REVISION APPLICATION NO. 104 of 2023

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                       KANTILAL DHAYABHAI NAKUM
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR JM BAROT(143) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MOXA THAKKAR, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                            Date : 02/03/2023

                             ORAL ORDER

1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent - State.

2. Learned Advocate for the applicant Mr. J.M. Barot submitted that states that the applicant - revisionist challenges the judgment of sentence and conviction dated 28.06.2022 passed by the learned Chief Judicial Magistrate, Jam Khambhaliya passed in Criminal Case No.1 of 2021 and confirmed on 07.12.2022 by the learned Sessions Judge, Dev Bhumi Dwarka, Jam Khambhaliya in Criminal Appeal No.30 of 2022. It is

R/CR.RA/104/2023 ORDER DATED: 02/03/2023

further submitted that 20% of the cheque amount has already been deposited. Learned Advocate for the applicant also produces before this Court a copy of the receipt of the above payment. It was, therefore, prayed that the present Revision Application may be allowed.

3. Learned Additional Public Prosecutor prayed that no discretion may be exercised in favour of the applicant.

4. Heard learned Advocates on both the sides and perused the material on record. Taking into consideration the facts and circumstances of the case and when 20% of the cheque has been deposited before the Appellate Court and when the revision application will take its own time to come for final hearing, the order of sentence requires consideration.

5. Hence, the sentence imposed upon the applicant- revisionist vide judgment of sentence and conviction dated 28.06.2022 by the learned Chief Judicial Magistrate, Jam Khambhaliya passed in Criminal Case No.1 of 2021, which was upheld and confirmed on

R/CR.RA/104/2023 ORDER DATED: 02/03/2023

07.12.2022 by the learned Sessions Judge, Dev Bhumi Dwarka, Jam Khambhaliya in Criminal Appeal No.30 of 2022, shall remain suspended pending hearing and final disposal of the present Revision Application and the applicant-revisionist herein is ordered to be released on bail on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant-revisionist shall;

[a] pursue this Revision Application; [b] not take undue advantage of liberty or misuse liberty;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of this Court;

6. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant-revisionist only if he is not required in connection with any other offence for the time being.

R/CR.RA/104/2023 ORDER DATED: 02/03/2023

If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case.

7. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

Sd/-

(GITA GOPI, J) CAROLINE