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2016 Supreme(Guj) 2011

G.B.SHAH
Kushalbhai Ratanbhai Rohit – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Appellants : Mr. H.M. Parikh
For the Respondents: Mr. K.L. Pandya

JUDGMENT :

G.B. SHAH, J.

1. Present appeal, filed by the appellants – original accused, assails the judgment and order dated 09/11/2006, passed by the learned Additional Sessions Judge, Court No. 5, City Sessions Court, Ahmedabad in Sessions Case No. 296 of 2004, whereby, the appellants – original accused came to be convicted for the offence punishable under Section 222 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and the appellant – original accused No. 1 was sentenced to undergo rigorous imprisonment for three years and a fine of Rs.5,000/- and in default of payment of fine, to undergo, further simple imprisonment for one year, whereas, the appellant Nos. 2 to 4 – original accused Nos. 2 to 4 were sentenced to undergo rigorous imprisonment for 2½ years and fine of Rs.2,000/- each and in default of payment of fine, to undergo, further simple imprisonment for six months.

2. Brief facts of the case of the prosecution are that one accused, undergoing sentence in the Vadodara Central Jail, was required to be produced before the City Sessions Court at Ahmedabad on 04/08/2003, for which an escort was arranged. As on that day, since the matter wad adjourned, the said accused was

















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