Gujarat High Court
Haresh @ Bhuro S/O. Padamshi Velji Jungi vs State Of Gujarat on 9 September, 2025
NEUTRAL CITATION
R/CR.A/2231/2025 ORDER DATED: 09/09/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 2231 of 2025
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2025
In R/CRIMINAL APPEAL NO. 2231 of 2025
With
R/CRIMINAL APPEAL NO. 2250 of 2025
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2025
In R/CRIMINAL APPEAL NO. 2250 of 2025
================================================================
HARESH @ BHURO S/O. PADAMSHI VELJI JUNGI & ANR.
Versus
STATE OF GUJARAT
================================================================
Appearance:
MR PARTH S TOLIA(5617) for the Appellant(s) No. 1,2
MS ASMITA PATEL, APP for the Opponent(s)/Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 09/09/2025
COMMON ORAL ORDER
1. The present Criminal Appeal No.2231 of 2025 has been preferred by the appellants-convicts (i.e. original accused nos.3 and 4), whereas, the Criminal Appeal No.2250 of 2025 has been preferred by the appellants-convicts (i.e. original accused nos.5 to 11) respectively under Sections 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, against the common judgment and order dated 04.08.2025 passed by the learned Sessions Page 1 of 5 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 10 2025 Downloaded on : Thu Sep 11 01:06:55 IST 2025 NEUTRAL CITATION R/CR.A/2231/2025 ORDER DATED: 09/09/2025 undefined Judge, Gir Somnath at Veraval, in Sessions Cases Nos.18 of 2013 and 33 of 2014.
2. By the aforesaid judgment and order of conviction and sentence, the trial court has held the present appellants-accused guilty and convicted them for the offences punishable under Sections 323 and 504 of the Indian Penal Code, and consequently, they have been sentenced to undergo imprisonment as under :-
Section Imprisonment Fine In default of (Rs.) payment of fine 323 Simple Imprisonment for 1000 Simple Imprisonment one year for one month 504 Simple Imprisonment for 1000 Simple Imprisonment two years for two months
3. Initially, all the accused persons, including the present appellants, were charged for the offences punishable under Sections 143, 147, 148, 149, 307, 323, 341, 504, 120B of the Indian Penal Code as well as under Section 135 of the Gujarat Police Act, however, after appreciating the entire evidence on record, the trial court acquitted the present appellants from the Page 2 of 5 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 10 2025 Downloaded on : Thu Sep 11 01:06:55 IST 2025 NEUTRAL CITATION R/CR.A/2231/2025 ORDER DATED: 09/09/2025 undefined charge for the offences punishable under Sections 143, 147, 148, 149, 307, 341, 120B of the Indian Penal Code as well as under Section 135 of the Gujarat Police Act, and convicted them only for the offences punishable under Sections 323 and 504 of the Indian Penal Code. Consequently, the trial court convicted the present appellants for the alleged offences and imposed upon them a fixed term of sentence of simple imprisonment for two years along with the fine.
4. At the outset, learned advocate Mr.Parth Tolia appearing for the appellants-convicts has submitted that after the pronouncement of the judgment and order of conviction and sentence by the trial court, the appellants-convicts had, on 04.08.2025, preferred an application (Exh.468) under Section 4 of the Probation of Offenders Act, 1958, for grant of probation, which was pending for orders by the trial court. However, in the meantime, the appellants-convicts had challenged the judgment and order of conviction and sentence passed by the trial court before this Court by way of preferring the present appeals, as well as, they also preferred the captioned criminal miscellaneous applications for suspension of sentence imposed upon them by the trial court.
Page 3 of 5 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 10 2025 Downloaded on : Thu Sep 11 01:06:55 IST 2025
NEUTRAL CITATION R/CR.A/2231/2025 ORDER DATED: 09/09/2025 undefined
5. Thereafter, on 03.09.2025, this Court admitted the captioned appeals and issued notice in the criminal miscellaneous applications for suspension of sentence, making it returnable on 09.09.2025.
6. Learned advocate Mr.Tolia has submitted that before hearing of the criminal miscellaneous applications for suspension of sentence, the trial court had, in fact, already granted the probation to the present appellants-convicts on 01.09.2025 vide order passed below application Exh.468 in Sessions Cases Nos.18 of 2013 and 33 of 2014.
7. Learned advocate Mr.Tolia has, therefore, urged before this Court that since the probation has already been granted by the trial court to the present appellants-convicts, he does not want to press the present appeals as well as the criminal applications for suspension of sentence and seeks permission to withdraw the same.
8. Having heard Mr.Tolia appearing for the appellants- convicts and having gone through the order dated 01.09.2025 Page 4 of 5 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 10 2025 Downloaded on : Thu Sep 11 01:06:55 IST 2025 NEUTRAL CITATION R/CR.A/2231/2025 ORDER DATED: 09/09/2025 undefined passed by the trial court below application Exh.468 in Sessions Cases Nos.18 of 2013 and 33 of 2014, it appears that the present appellants-convicts have already been granted probation by the trial court. Therefore, it appears that the cause mentioned in the appeals as well as in the criminal miscellaneous applications does not survive.
9. In the aforesaid view of the matter, the permission as prayed for by the appellants-convicts to withdraw the appeals and the applications is granted. The appeals as well as the criminal miscellaneous applications stand disposed of as withdrawn.
(VIMAL K. VYAS, J.) /MOINUDDIN Page 5 of 5 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 10 2025 Downloaded on : Thu Sep 11 01:06:55 IST 2025