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Judgment
6 paragraphs · 350 wordsHasmukh D. Suthar, J
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent - State of Gujarat. Though served, respondent No.2 has chosen not to appear before this Court.
[1.0] By way of present revision applications under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short "CrPC"), the applicant has prayed for quashing and setting aside of the order dated 07.11.2023 passed by the learned 8th Additional Sessions Judge, Ahmedabad (Rural), at Mirzapur in Criminal Appeal Nos.78, 80, 77 and 79 of 2023, whereby the learned Sessions Judge rejected the application filed by the applicant to accept 20% of the cheque amount as per the condition imposed upon the applicant vide order dated 02.06.2023 passed by the learned appellate Court while suspending the sentence imposed upon the applicant vide order dated 01.05.2023 and cancel the Non Bailable Warrant issued against the applicant and sent the applicant behind the bars.
[2.0] It appears from the record that the coordinate Bench of this Court vide order dated 10.11.2023 while issuing notice in the present batch of revision applications had granted interim relief pending revision applications and ordered to release the applicant on bail subject to condition that the applicant shall deposit 20% of the cheque amount and in compliance of the said order, the applicant has deposited 20% of the cheque amount before the learned appellate Court.
[3.0] In view of above, when the applicant has already deposited 20% of the cheque amount before the learned appellate Court in compliance of the order dated 10.11.2023 passed by the coordinate Bench of this Court, nothing further requires to be discussed. Hence, present revision applications are allowed and impugned order dated 07.11.2023 passed by the learned 8th Additional Sessions Judge, Ahmedabad (Rural), at Mirzapur in Criminal Appeal Nos.78, 80, 77 and 79 of 2023 are hereby quashed and set aside and Non Bailable Warrants issued in respective cases are hereby cancelled. Rule is made absolute accordingly.
Registry to maintain a copy of this judgment in each of the revision applications.