Gujarat Court December 2010 Judgments
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Mohmad Ashlam Papu Mohmad YashIn Manihar Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-28-2010
ORAL ORDER1. Rule. Learned APP, waives service of notice of Rule for respondent State.2. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at CR No.III-1209 of 2010 with LCB Police Station, for the offences punishable under Sections 66(1) (B), 65AE, 116(2), 81, 99 of Bombay Prohibition Act.3. Learned counsel appearing for the applicants submit that considering the nature of evidence, role attributed to the applicant and punishment prescribed and that the case is triable by the Magistrate, this application for bail may kindly be considered.4. Heard learned APP for the respondent State who opposed grant of bail looking to the nature and gravity of offence.5. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences, I am incline...
Yogeshbhai Niyalchandra Doshi Vs. State of Gujarat.
Court: Gujarat
Decided on: Dec-28-2010
ORAL ORDER1. This application is filed under Section 438 of the Code of Criminal Procedure in connection with first information report registered at CR No.I 103/2010 with Bhilad Police Station for the offences punishable under Sections 406, 419, 420, 468, 471, 181, 120-B, 34, 35, 114 etc. of the Indian Penal Code.2. Learned counsel appearing for the applicants submits that considering the nature of dispute and that the loan amount for the vehicle is already paid, the applicants may be granted anticipatory bail. It is submitted that the applicant will be available for investigation and will not flee from the course of justice.3. Heard learned APP for the respondent State.4. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences, without discussing the evidence in detail, at this stage, I am inclined to gra...
Karan Baba Rampratapsinh Thakur Vs. State of Gujarat.
Court: Gujarat
Decided on: Dec-28-2010
ORAL ORDER1. The applicant seeks temporary bail on the ground of his own treatment.2. The applicant is found to have having concretions in right kidney with normal left kidney and he is under active treatment at SSG Hospital, Vadodara. He is also found to have nodular opacities in both lungs and partial rectal prolapse. He, however, refused hospitalization, though advised, and is, therefore, under conservative treatment. None of the ailments are endangering to life. He is being provided with appropriate treatment, and the jail authority shall ensure that treatment continues.3. The application is rejected....
Sunil Kala Sona Lunaji Vs. State of Gujarat.
Court: Gujarat
Decided on: Dec-28-2010
ORAL ORDER1. Rule. Learned APP, waives service of notice of Rule for respondent State.2. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at CR No.I-20 of 2008 with Mahuva Police Station, for the offences punishable under Sections 395, 396, 398, 399, 302, 400, 402, 120(B) of the Indian Penal Code and Section 25(1) (C) of the Arms Act and Section 135 of Bombay Police Act.3. Learned counsel appearing for the applicant submits that charge sheet is filed and that the similarly situated co-accused, who are invovled in the offence, have been released by this Court by various orders passed in Criminal Misc. Application Nos. 11083 of 2008, 12491 of 2008, 312 of 2009 and 14023 of 2009. Considering the aforesaid aspect and the role attributed to the applicant, he deserves to be enlarged on bail.4. Heard learned APP for the respondent State who opposed grant of bail looking to the nature and gravity of offence.5. ...
Rameshbhai Pithabhai Garasiya Vs.
Court: Gujarat
Decided on: Dec-28-2010
ORAL ORDER1. Rule. Learned APP Mr Dabhi waives service of Rule on behalf of the respondents.2. The applicant seeks temporary bail on the ground of his own treatment. The applicant got injured while working on machine resulting in Traumatic amputation of distal half of the distal phalanx of left thumb.3. Considering the averments made in the application and the applicant's jail record, the applicant is ordered to be released on temporary bail for a period of two weeks from the date of his release on his executing a personal bond in the sum of Rs.5,000/- (Rupees five thousand) before the jail authority.Rule is made absolute to the aforesaid extent....
ikram Inayat Lalan Vs. State of Gujarat.
Court: Gujarat
Decided on: Dec-28-2010
MR.JUSTICE Z.K.SAIYED, J.ORAL ORDER1. Rule. Mr.H.H. Parikh, learned Additional Public Prosecutor, waives service of Rule on behalf of the respondent-State.2. Present application is filed by the applicant under Section 389 of the Code of Criminal Procedure, 1973 to suspend the sentence imposed upon him vide order dated 03rd December 2010 passed by the learned Additional Sessions Judge and Fast Track Court No.3, Vadodara in Atrocity Case No.17 of 2010 by releasing the applicant-accused on bail during the pendency of the appeal.3. The learned Additional Sessions Judge, Vadodara by his judgment and order dated 03rd December 2010 convicted the applicant for the offences punishable under Sections 452 and 354 of the Indian Penal Code and Section 3(1)(10) and 3(1)(11) of the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocity) Act, 1989.4. Heard Mr.M.M. Saiyed, learned counsel for the applicant and Mr.H.H. Parikh, learned Additional Public Prosecutor for the respondent-State.5. I h...
State of Gujarat Vs. Sabinabibi Milan Ajitkhan.
Court: Gujarat
Decided on: Dec-28-2010
ORAL ORDER1. By way of present application, the applicant-State has challenged the order granting bail to the respondent-accused vide order dated 02^nd November 2010 passed by the learned Additional Sessions Judge, Surat at Vyara in Criminal Miscellaneous Application No.216 of 2010.2. Heard Mr.H.H. Parikh, learned Additional Public Prosecutor for the applicant-State.3. Mr.Parikh has contended that the order passed by the learned Judge is illegal, arbitrary and against the facts and material produced before the Court. He has also contended that the learned Judge has without appreciating the facts produced on record, passed the order. He has also contended that the respondent-accused entered into India without any passport, visa or permit and therefore, the order passed by the learned Judge is required to be quashed and set aside.4. I have gone through the papers produced before me as well as perused submissions advanced by Mr.Parikh. I have also gone through the order passed by the lear...
M/S Ruparel Plastics Vs. Paschim Gujarat Vij Co Ltd.
Court: Gujarat
Decided on: Dec-28-2010
ORAL ORDER 1. Heard learned advocate Mr. Mithani and learned advocate Ms. Maya Desai for the respondents.2. Learned advocate Mr. Mithani states that the respondents have been served only yesterday and he will be filing the service affidavit during the course of the day today.3. Ms. Desai, on the other hand, states that she needs time to have detailed instructions and study papers. Under the circumstances, S.O. to 19th January, 2011.4. By way of ad-interim relief, the protection enjoyed by the appellant during the pendency of the suit shall continue till further orders on condition that the applicant deposits an amount of Rs.2,60,000/- (Rupees Two lakh sixty thousand only) before the Trial Court within a period of three weeks from today.5. Ms. Maya Desai, learned advocate waives service of writ of this order....
Udhamsingh Mahyendrasingh Shikh Vs. State of Gujarat.
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDER1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered being CR No.I- 1 of 2010 with Jakhau Police Station, for the offences punishable under Sections 465, 467, 468, 471, 114, 120-B, 419 and 420 of the Indian Penal Code.Heard learned Advocate for the applicant and the learned APP for the respondent State.2. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences and considering the sale deed of 2005 and the Power of Attorney where, prima facie, signature of Niranjan Singh appears, I am inclined to enlarge the applicant on bail.Learned counsel for the parties do not press for further reasoned order.3. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on ...
Vishnubhai Motibhai Rabari (Desai) Vs. State of Gujarat.
Court: Gujarat
Decided on: Dec-14-2010
ORAL ORDER1. Rule. Learned APP, waives service of notice of Rule for respondent State.2. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at CR No.I-173/2009 with Kamrej Police Station, for the offences punishable under Sections 392, 395, 342, 452, 114 etc of IPC and under Sections 25 (1), 25 (1-B), (A) of Arms Act.3. Learned counsel appearing for the applicant submits that charge-sheet is filed and considering the fact that the applicant is handicapped by 40% and this may not be cited as precedent in future and looking to the nature of evidence, role attributed to the applicant and punishment prescribed, this application for bail may kindly be considered.4. Heard learned APP for the respondent State who opposed grant of bail looking to the nature and gravity of offence.5. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case...
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