Dahyabhai Somabhai Katariya vs State Of Gujarat

                                                                                    NEUTRAL CITATION




      R/CR.RA/1379/2023                              ORDER DATED: 02/11/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
                SUBORDINATE COURT) NO. 1379 of 2023

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                          DAHYABHAI SOMABHAI KATARIYA
                                     Versus
                               STATE OF GUJARAT
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Appearance:
KARTIKKUMAR G BAROT(9453) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                 Date : 02/11/2023
                                  ORAL ORDER

1. Rule. Learned APP waives service of notice of rule for the respondent - State.

2. By way of present application under Section 389 of the Code of Criminal Procedure, 1973, the applicant - accused is seeking suspension of sentence and release on regular bail during pendency of the present revision application against the judgment and order of conviction dated 25.09.2023 passed by the learned Additional Sessions Judge, Court No.16, City Civil & Sessions Court, Ahmedabad in Criminal Appeal No. 436 of 2015, whereby, the learned Sessions Judge has confirmed the judgment and order dated 21.07.2015 passed by the learned Additional Chief Judicial Magistrate, N.I.A. Court, Court No. 32, Ahmedabad in New Criminal Case No. Page 1 of 4 Downloaded on : Fri Nov 03 20:45:37 IST 2023 NEUTRAL CITATION R/CR.RA/1379/2023 ORDER DATED: 02/11/2023 undefined 3911 of 2010 (Old Criminal Case No. 3408 of 2008), whereby, the learned Additional Chief Judicial Magistrate, Ahmedabad has sentenced the applicant - original accused to undergo six months imprisonment for the offence punishable under Section 138 of the Negotiable Instrument Act and to pay of Rs.25,000/- within a period of 60 days and in default, simple imprisonment of 30 days.

3. Learned advocate Mr. Barot for the applicant - accused submits that the present applicant preferred appeal before the learned Additional Sessions Judge, Ahmedabad against the conviction order passed by the learned Additional Chief Judicial Magistrate, Ahmedabad and the learned Sessions Judge, Ahmedabad confirmed the order of conviction. He submits that the present revision application is not likely to be heard in near future and hearing of the same would take some long time and hence, no purpose would be served by keeping the applicant in jail. The applicant is ready and willing to deposit the entire amount before the concerned Court below. The applicant has a good case on merits and hence, the order of the sentence may be suspended and the applicant may be released on regular bail on appropriate terms and condition.

4. Learned APP Ms. Jirga Jhaveri for the State has objected to the Page 2 of 4 Downloaded on : Fri Nov 03 20:45:37 IST 2023 NEUTRAL CITATION R/CR.RA/1379/2023 ORDER DATED: 02/11/2023 undefined present application to grant suspension of sentence and has submitted that the order of sentence is just and proper and no interference is required in the order passed by the learned Sessions Judge, Ahmedabad confirming the judgment and order passed by the learned Additional Chief Judicial Magistrate, Ahmedabad and hence, present application may be rejected.

5. Heard learned advocate for the respective parties and perused the document produced on record.

6. At this juncture, it would also be fit to refer to the judgment of the Apex Court in the case Bhagwan Rama Shinde Gosai Vs. State of Gujarat reported in (1999) 4 SCC 421, wherein, it has been held that when the appellate Court finds that due to practical reasons such appeal cannot be disposed of expeditiously the appellate Court must be bestow special concern in the matters of suspending the sentence. And without entering into the merits of the case, this court is of the opinion that the application requires consideration and accordingly, is allowed. The execution of the sentence in the judgment and order in New Criminal Case No. 3911 of 2010 (Old Criminal Case No. 3408 of 2008) passed by the learned Additional Chief Judicial Magistrate, N.I.A. Court, Court No. 32, Ahmedabad on 21.07.2015 and confirmed by the Page 3 of 4 Downloaded on : Fri Nov 03 20:45:37 IST 2023 NEUTRAL CITATION R/CR.RA/1379/2023 ORDER DATED: 02/11/2023 undefined impugned judgment and order dated 25.09.2023 passed by the learned Additional Sessions Judge, Court No.16, City Civil & Sessions Court, Ahmedabad in Criminal Appeal No. 436 of 2015 is suspended during pendency of the criminal revision application and the applicant is ordered to be released on bail on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with surety of the like amount to the satisfaction of the trial court and on the following conditions:

(i) shall deposit the entire amount before the concerned Court below before his release and on depositing the entire amount, he will be released on bail;

(ii) shall not take undue advantage of liberty or misuse liberty;

(iii) shall not leave India without prior permission of this Court;

(iv) shall furnished the present address of his residence to the Court concerned at the time of execution of the bond and shall not change the residence without the prior permission of this Court;

        (v)         shall maintain law and order;
        (vii)       shall not indulge in any activity leading to breach of
                    public peace and tranquility.

7. Rule made absolute to the aforesaid extent. Direct service is permitted.

(S. V. PINTO, J) F.S.KAZI.....