Bharatbhai Dulabhai Baraiya vs State Of Gujarat
2023 Latest Caselaw 4034 Guj

     R/SCR.A/6231/2023                             ORDER DATED: 23/05/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 6231 of 2023

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                         BHARATBHAI DULABHAI BARAIYA
                                    Versus
                              STATE OF GUJARAT
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Appearance:
YASH G PATEL(9316) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR JK SHAH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                               Date : 23/05/2023

                                ORAL ORDER

Draft amendment is allowed. Necessary amendment to be carried out forthwith.

1. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. This petition is filed by the petitioner challenging the judgment and order dated 24.04.2023 passed by learned 6 th Additional District Judge, Bhavnagar under Exh-9 in Criminal Appeal No.56 of 2022, whereby the petitioner was directed to make payment of 100% amount awarded by learned Chief Judicial Magistrate, Bhavnagar vide order dated 18.06.2022.

3. Learned advocate for the petitioner submits that, appeal against the aforesaid order has already been filed being Criminal Appeal No.56 of 2022 and stay application is also filed

R/SCR.A/6231/2023 ORDER DATED: 23/05/2023

below Exh.4. He further submits that, though aforesaid application is pending with the competent Court, by impugned order, the learned Court had committed error in passing the order directing the petitioner to deposit 100% amount. He further submits that, the petitioner is ready and willing to deposit Rs.2 lakh towards the outstanding before the concerned Court.

4. Considering the submissions made by learned advocate for the petitioner, this Court finds that though the appeal and the stay application were pending with the concerned Court, the impugned order was passed for depositing 100% amount which appears to be illogical and illegal and therefore, present petition preferred by the petitioner is disposed of with a direction to the learned Court concerned i.e. learned Sessions Court, Bhavnagar to decide the stay application filed by the petitioner in Criminal Appeal No.56 of 2022 within a period of 15 days from the date of receipt of this order. Rule is made absolute to the aforesaid extent. Direct service is permitted. Petition is disposed of accordingly.

(M. K. THAKKER,J) TAUSIF SAIYED