Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 641 OF 2013
(@ SPECIAL LEAVE PETITION(CRL.)NO.7923 OF 2012)
SAMIR MUSTAFABHAI BAJARIYA APPELLANT
VERSUS
STATE OF GUJARAT RESPONDENT
O R D E R
1. Leave granted.
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2. While issuing notice, this Court vide Order dated 18
October, 2012 has passed the following order :
“............
Mr. Tulsi, learned senior counsel, on
instructions, would submit that the petitioner
has already undergone half of the sentence
imposed by the Trial Court for the offences
punishable under Sections 489A, 489B, 489C and
120B of the Indian Penal Code, 1860. Since the
punishment imposed is only for eight years for
the aforesaid offences, we are of the opinion
that during the pendency of the appeal before the
High Court, the sentence imposed on the
petitioner requires to be suspended.
JUDGMENT
Accordingly, we provisionally suspend the
sentence of the petitioner and direct that he be
released on bail subject to the satisfaction of
the Trial Court.”
3. We have heard learned counsel for the parties to the lis .
4. Having perused the records and in view of the facts and
circumstances of the case, we are of the opinion that the aforesaid
Order dated 18.10.2012 be made absolute and is hereby made absolute.
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5. The Criminal Appeal is disposed of accordingly.
......................J.
(H.L. DATTU)
......................J.
(JAGDISH SINGH KHEHAR)
NEW DELHI;
APRIL 26, 2013.
JUDGMENT
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