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2022 Supreme(Guj) 204

B.N.KARIA
Amarsang Ramaji Rajput – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Bharatkumar A. Desai, Advocate.
For the Respondents: Hardik Soni, APP.

JUDGMENT :

B.N. Karia, J.

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

2. By preferring present application, applicants have prayed to release the applicants on bail during the pendency of this Revision Application by suspending the sentence imposed by learned Additional Sessions Judge, Deesa at Banaskantha in Criminal Appeal No. 28 of 2018 dated 15.09.2021 and order dated 30.03.2018 in Criminal Case No. 409 of 2015 passed by learned Magistrate Court, Dantiwada and further prayed to enlarge the applicants.

3. Heard learned advocate for the applicants and learned APP for the respondent-State.

4. It was submitted by learned advocate for the applicants that there is no prima facie case to show that the applicants had committed any of the offences as alleged in the complaint and therefore, the applicants were all throughout on bail and have not misused the liberty and have not fled from the trial. It is further submitted that the judgment and order is bad in law and not tenable in the eyes of law. It was further submitted that revision is not likely to be heard in short future and there is no possibility of hearing revision in near future

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