Gujarat Court January 2011 Judgments
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Saiyed Nural HussaIn Salim HussaIn Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDERRule. Learned APP, Mr.K.P.Raval, waives service of rule on behalf of respondent-State.Learned counsel for the petitioners submitted that allegations in the compliant is totally false. Other accused have been granted bail. He invited my attention to order dated 30th December, 2010 passed by cognate bench in Criminal Misc. Application No.15775 of 2010.Insofar as petitioner No.1 is concerned, he stands on parity with the order passed by this Court on 30th December, 2010. In his case, therefore, I am inclined to grant anticipatory bail.With respect to petitioner Nos. 2 and 3, however, I find that as per the complaint, they were allegedly carrying fire arms. They had also fired at the time of the incident. This being a case of anticipatory bail, I am of the opinion that their request should not be considered.Counsel for the petitioner, however, submitted that petitioner No.1 has the license to carry fire arm. The petitioner Nos.2 and 3 were with petitioner No.1 and therefore, thei...
Kalim Ahmed Kalim Mulla Mohammed Habib Karimi Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDER1. Mr. Aftabhusen Ansari, learned advocate for the applicant states that in this matter, Ms. Nitya Ramakrishnan, learned advocate of New Delhi is appearing as Counsel and she is busy in the Court at New Delhi. He therefore, urges to adjourn the matter.2. Mr. Jayant Panchal, learned Special Public Prosecutor states that the criminal appeal, in which this application seeking suspension of sentence has been moved, has already been listed for final hearing board and the said criminal appeal is adjourned from time to time, as the time is sought for on behalf of learned advocate for the appellant. He further states that the Supreme Court has also issued direction to expedite the hearing of the criminal appeal. Therefore, time, as prayed for by the learned advocate for the applicant may not be granted as the learned advocate for the applicant is not interested in arguing the main appeal and interested only in getting the order of suspension of sentence.3. Be the case as it may be, s...
Bhalsingbhai Pohaliyabhai Rathwa Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDER1. The applicant of this application seeks regular bail in connection with criminal complaint bearing C.R.No.I-49 of 2010 registered before Kawant Police Station, Dist. Vadodara.2. Learned counsel for the applicant submitted that initially case registered against the applicant was under Section 325 of the Indian Penal Code for which he was also granted bail. However, subsequently, due to some medical complications, the injured person died, due to which Section 302 of the Indian Penal Code was also added. She drew my attention to the dying declaration of the deceased recorded by executive magistrate to contend that in the dying declaration also no allegations of the applicant having caused grievous injury are made.3. Considering the above prima facie aspects as also considering that the charge-sheet has been filed and the applicant has no criminal antecedents, he is ordered to be released on bail in connection with FIR being C.R.No.I-49 of 2010 registered before Kawant Police ...
Praful Bhailo Dhanjibhai Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDER1. Present application has been filed by the applicant for grant of regular bail under Section 439 of Code of Criminal Procedure after the charge-sheet is filed, which is a successive bail application after Criminal Misc. Application No.11985 of 2010 was withdrawn.2. The applicant accused is charged with having committed offence under Sections 397, 395, 332, 427, 323, 504 & 506(2) of IPC and under Section 3(1)(c) of Prevention of Damages to Public Property Act, 1984 and Sec. 135 of Bombay Police Act for which FIR being C.R.No. I-41/2010 has been registered with Bhanwad Police Station.3. Learned counsel Mr. Kamal Sojitra submitted that considering the nature of offence and the manner in which it is alleged to have been committed, present application may be allowed as now the charge-sheet has been filed. He has also submitted that as stated in the FIR itself, there was some gambling and when victim police personnel went there, the incident has occurred. He, therefore, submitted...
Ranjitbhai Butabhai Koli Patel Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDER1. The applicant of this application seeks regular bail in connection with criminal complaint bearing C.R.No.I-69 of 2010 registered before Bavla Police Station, Dist. Ahmedabad.2. Learned counsel for the applicant submitted that the applicant is young boy aged about 22 years. That investigation is over and charge-sheet is filed. The applicant has no other antecedents. He drew my attention to the statement of victim girl dated 05.05.2010 to contend that she had voluntarily accompanied the applicant and the two had, pursuant to love affair, eloped from home. He further pointed out that the applicant is in jail since May, 2010.3. Considering the above prima facie aspects, the applicant is ordered to be released on bail in connection with FIR being C.R.No.I-69 of 2010 registered before Bavla Police Station, Dist. Ahmedabad on his furnishing bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the lower court and subject to the ...
Rajesh Raju Ramraj Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDER1. RULE. Learned A.P.P. waives service of rule on behalf of the respondent-State.2. Petitioner-convict has sought parole to help his family, who is in financial distress. His jail record suggests that he has served sentence of more than 12 years, including period of set of, during which time he has enjoyed temporary relief on several occasions and reported on time.3. Under the circumstances, the petitioner is ordered to be released on parole for a period of 14 days on his depositing a sum of Rs.10,000/- (Rupees Ten thousand) before the jail authority. Upon completion of parole, the applicant surrender himself before the jail authority.4. Rule made absolute to the aforesaid extent.5. This order be communicated to the petitioner by the registry....
Keshubhai Dudabhai Mer Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDERRule. Learned APP, Shri D.C.Sejpal, waives service of rule on behalf of respondent-State.Petitioner is convict. His furlough leave is refused on the ground that the person named as surety has refused to stand his surety. In the jail record suggest that he has already been undergone sentence of 11 years and 8 months, during which period, he has been released on few occasions and he has returned on time.Under the circumstances, if the petitioner provides for proper surety, his furlough leave shall be granted as per rule. Rule made absolute accordingly. This order shall be communicated to the petitioner by the Registry....
Umesh Anuraibhai Vora Vs. Hasmukhbhai Adhiya Secretary.
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDER1. By filing instant application, the applicant has prayed to recall the order dated 25.11.2010 rendered in MCA No.2755 of 2010 in SCA No.5055 of 2008, by which the MCA has been dismissed on account of non-prosecution and therefore, it is further prayed to restore the said MCA to its original file.2. Having heard Mr. Hemal K. Acharya, learned advocate for the applicant and on perusal of the averments made in the application so also the order dated 25.11.2010 and also the record of MCA No.2755 of 2010, it is seen that the applicant has invoked the provisions of Contempt of Courts Act in the matter when the learned single Judge has directed the other side to file reply within a period of three weeks. Therefore, according to us, not filing the reply within three weeks does not amount to contempt of Court. Therefore, in the said MCA, there was no substance and therefore, this Court dismissed the said MCA on account of non-prosecution.3. Hence, no ground is made out by learned adv...
Rameshbhai Ganabhai Jadav Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDER1. Rule. Mr. LB Dabhi, learned APP waives service of notice of Rule for the respondent State of Gujarat.2. By filing instant petition, the applicant has prayed to list above numbered Criminal Appeal No.491 of 1993 for final hearing, as expeditiously as possible, in the interest of justice.3. Having heard Mr. RK Mansuri, learned advocate for the applicant and Mr. LB Dabhi, learned APP for the respondent State of Gujarat and on perusal of the averments made in the application and since the paper book is ready, prayer made by the applicant deserves to be granted by directing the Registry to list the above numbered criminal appeal for final hearing in seriatim.4. For the foregoing reasons, the application succeeds and it is accordingly allowed. Registry is directed to list Criminal Appeal No.491 of 1993 for final hearing in seriatim. Rule is made absolute accordingly....
Mukund Ratilal Pandya Vs. Gujarat State Road Transport Corporation Ltd ...
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDER1. Heard learned advocate Mr. Pahwa for the petitioner. Learned advocate invited attention of the Court to order dated 15.2.2010 passed by this Court (Coram: Hon'ble Mr. Justice K.S. Jhaveri) in Special Civil Application No.11143 of 2009 and other matters. Learned advocate states that after aforesaid order dated 15.2.2010, the petitioner filed an application dated 28.2.2010. He further states that upto 30.11.2010, the Corporation accepted rent from the petitioner, but in the month of December 2010, they refused to accept rent/licence fee.1.1. The learned advocate for the petitioner submitted that the petitioner is in receipt of a caveat application filed by the respondent Corporation in the Court of learned Principal Senior Civil Judge, Gondal which discloses that the Corporation proposes to take possession of the stalls, including that of the petitioner. The learned advocate invited attention of the Court to para 1 of the caveat application, wherein it is stated that, 'pursu...
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