Dilipsinh Khumansinh Yadav vs State Of Gujarat
2021 Latest Caselaw 4993 Guj

         R/CR.A/428/2021                                    ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL APPEAL NO. 428 of 2021
                             With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                           1 of 2021
             In R/CRIMINAL APPEAL NO. 428 of 2021
==========================================================

DILIPSINH KHUMANSINH YADAV Versus STATE OF GUJARAT ========================================================== Appearance:

MR SHAKEEL A QURESHI(1077) for the Appellant(s) No. 1 MR PRANAV TRIVEDI, APP(2) for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MR. JUSTICE S.H.VORA

Date : 01/04/2021

Order in Criminal Appeal Draft amendment is allowed.

Considering the nature of sentence imposed upon the applicant which is of fixed duration of two years, present revision application deserves consideration. Hence, Admit. Learned APP waives service of notice of admission for respondent-State.

Order in Criminal Misc. Application

1. Rule. Learned A.P.P. waives service of Rule for the respondent - State.

2. Heard submissions made at bar.

3. This is a case where, the applicant is convicted by the learned trial Court for the offence punishable under Section 7 of the Prevention of Corruption Act and sentenced for S.I. for 2 years and to pay fine of Rs.10,000/-, in default, further S.I.

R/CR.A/428/2021 ORDER

for 03 months. The applicant has also filed Criminal Revision Application before this Court which came to be admitted.

4. Upon considering the submissions made at bar, it appears that the applicant is required to suffer the sentence imposed upon him. The applicant is sentenced for a fixed period and the Criminal Revision Application is not likely to be heard in near future. No breach of bail condition pending trial.

5. Therefore, considering the decision rendered in case of Bhagwan Rama Shinde V/s. State of Gujarat (1999)4 SCC 421 as there are no exceptional circumstances pointed out by the learned A.P.P. to refuse/decline the application, pending hearing of the Criminal Revision Application, judgment and order of sentence imposed upon the applicant dated 9.3.2021 passed by the learned Special Judge (ACB) and 5th Additional Sessions Judge, Surat in Special ACB Case No.11 of 2007 is hereby suspended and the applicant shall remain on bail pending hearing of the Criminal Revision Application on the same terms and conditions as were imposed by the appeal Court at the time of grant of bail pending hearing of appeal, but by furnishing fresh bail bond of Rs.10,000/- to the satisfaction of the learned Sessions Court concerned and on further conditions to pay the fine amount within 7 days from today, if not paid till date.

6. Accordingly, present application is allowed. Rule is made absolute to the aforesaid extent. Direct service is permitted..

(S.H.VORA, J) SHEKHAR P. BARVE