Sanjaykumar Hradaynarayan ... vs State Of Gujarat
2021 Latest Caselaw 5209 Guj

              R/CR.RA/269/2021                                 ORDER




               IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

              R/CRIMINALREVISIONAPPLICATIONNO. 269 of 2021

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                    SANJAYKUMARHRADAYNARAYANSHUKLA
                                 Versus
                            STATEOF GUJARAT
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Appearance:
MRDHAVALM BAROT(2723)for the Applicant(s)No. 1
SANKULK KABRA(9304)for the Applicant(s)No. 1
for the Respondent(s)No. 2
MS MONALIBHATT,ADDL.PUBLICPROSECUTOR(2)for the Respondent(s)No. 1
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 CORAM: HONOURABLE MS. JUSTICE GITA GOPI

                                 Date: 22/04/2021

                                  ORALORDER

1. Rule. Ms.Monali Bhatt, learned Additional Public

Prosecutor wavies service of notice of rule on behalf

of respondent - State.

2. Learned advocate, Mr.Sankul Kabra appearing for

the applicant­revisionist has submitted that the

revisionist was convicted by the learned Additional

Chief Judicial Magistrate, Vapi, vide judgment and

order dated 19.01.2019 for the offence punishable

under Section 138 of the Negotiable Instruments Act,

1881 and was ordered to undergo sentence of simple

imprisonment of Six Months and compensation to the

R/CR.RA/269/2021 ORDER

tune of Rs.2,50,000/­ was ordered to be paid to the

complainant.

2.1 Learned advocate, Mr.Sankul Kabra has submitted

that the present revisionist had preferred the

Criminal Appeal No.20 of 2019 which was thereafter

converted as Criminal Appeal No.133 of 2020. The

judgment and order dated 19.01.2019 passed by the

learned Additional Chief Judicial Magistrate, Vapi

was upheld and confirmed by the learned 2nd

Additional District and Sessions Judge, Valsad at

Vapi.

2.2 Learned advocate, Mr.Sankul Kabra has submitted

that the revisionist has already deposited

Rs.62,500/­ before the Appellate Court and since last

five weeks he is in jail. He has submitted that

taking into consideration six months' simple

imprisonment and the proposed time consumed for the

final hearing of the matter, sentence may be

suspended.

3. Taking into consideration the fact and

circumstances of the case and the amount of

Rs.62,500/­ deposited before the Appellate Court and

R/CR.RA/269/2021 ORDER

when the revision application will take its own time

to come for final hearing, the order of sentence

requires consideration.

4. Hence, the sentence imposed upon the applicant­

revisionist vide judgment and order dated 19.01.2019

passed by the learned Additional Chief Judicial

Magistrate, Vapi, which was upheld and confirmed by

the learned 2nd Additional District and Sessions

Judge, Valsad, Bhuj in Criminal Appeal No.845 of

2017, shall remain suspended pending hearing and

final disposal of the present revision application;

and the applicant­revisionist herein is ordered to be

released on bail on his executing a personal bond of

Rs.15,000/­ (Rupees Fifteen Thousand only) with one

surety of the like amount to the satisfaction of the

trial Court and subject to the conditions that he

shall;

[a] not take undue advantage of liberty or misuse

liberty;

[b] surrender passport, if any, to the lower court

within a week;

[c] not leave the State of Gujarat without prior

R/CR.RA/269/2021 ORDER

permission of the Deputy Superintendent of Police,

Kutch;

5. The authorities shall adhere to its own Circular

relating to COVID­19 and, thereafter, will release

the applicant­revisionist only if he is not required

in connection with any other offence for the time

being. If breach of any of the above conditions is

committed, the concerned trial court will be free to

issue warrant or take appropriate action in the

matter. Bail bond to be executed before the concerned

Court.

6. Rule is made absolute to the aforesaid extent.

Direct service is permitted. Registry to communicate

this order to the concerned Court/authority by Fax or

Email forthwith.

(GITAGOPI, J.) M.M.MIRZA