Documente Academic
Documente Profesional
Documente Cultură
MA/10567/2014
ORDER
=========================================
Appearance :
MR S V RAJU, SENIOR COUNSEL ASSISTED BY MR MITESH R AMIN,
ADVOCATE for the Applicant.
MR PRASHANT DESAI, SENIOR COUNSEL ASSISTED BY MR AY KOGJE AND
MR GAURANG VYAS, SPECIAL PUBLIC PROSECUTORS for the Respondents.
=========================================
CORAM: HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 30/07/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI)
RULE.
2.
grant of regular bail pending her appeal has been filed by the
applicant. The applicant was an accused in Sessions Case No.243
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R/CR.MA/10567/2014
ORDER
of 2009 and in fact, there were 8 Sessions Cases tried. They were
all clubbed together and the leading Sessions Case was treated to
be Sessions Case No.235 of 2009.
Sentence
Fine
Default
Sentence
2 Years RI
200/-
15 days RI
2 years RI
200/-
15 days RI
2 years RI
200/-
15 days RI
2 years RI
1000/-
30 days RI
5 years RI
500/-
20 days RI
1 Year RI
200/-
7 days RI
3 years RI
300/-
20 days RI
3 years RI
300/-
20 days RI
6 months RI
200/-
7 days RI
1 year RI
200/-
15 days RI
7 years RI
500/-
20 days RI
10 years RI
1000/-
30 days RI
10 years RI
1000/-
30 days RI
18 years RI
5000/-
40 days RI
3.
the Code of Criminal Procedure, 1973. Though the appeal was filed
in November 2012, it was not filed along with any regular bail
application.
4.
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ORDER
5.
applicant before the Apex Court. The Apex Court by its judgment
dated 24.2.2014 dismissed the Special Leave Petition (Criminal)
No.3528 of 2014. However, liberty was granted to the applicant
for filing appropriate application for grant of regular bail before the
High Court.
regular bail.
6.
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7.
Counsel
ORDER
Special
Public
Prosecutor
appearing
for
the
8.
9.
In paragraph 43 of its
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ORDER
in
cases
where
the
investigation
is
10.
11.
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ORDER
12.
In
order to do justice between the parties, the Court must examine the
materials brought on record in each case on its own merits.
Marshalling and appreciation of evidence must be done strictly in
accordance with law. Presumption of innocence is a human right.
Such a legal principle cannot be thrown aside under any situation.
13.
dated
14.7.2014
issued
by
In the
Chairman
&
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ORDER
(5)
She is not responding to treatment and
no improvement is observed.
14.
reliance on the decision of the Apex Court in the case of Anil Ari v.
State of West Bengal, (2009) 11 SCC 363 wherein the Apex
Court has directed release of the accused though he was convicted
for life imprisonment looking to his age.
15.
16.
learned counsel appearing for the applicant has pointed out that
the applicant has been convicted with the aid of Section 120-B of
the Indian Penal Code and she has been acquitted for the offences
charged against her under Sections 143 to 149 and allied offences
of the Indian Penal Code.
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ORDER
unlawful assembly. She has been convicted with the aid of Section
120-B of the Indian Penal Code.
17.
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ORDER
18.
19.
20.
21.
(V.M.SAHAI, J.)
(R.P.DHOLARIA, J.)
Savariya
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