Thakor Dineshji @ Haveli Dhanaji vs State Of Gujarat
2021 Latest Caselaw 10287 Guj

     R/CR.A/928/2021                                IA ORDER DATED: 02/08/2021



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          CRIMINAL MISC.APPLICATION
                        (FOR SUSPENSION OF SENTENCE)
                                 NO. 2 of 2021
                                       In
                       R/CRIMINAL APPEAL NO. 928 of 2021
==========================================================

THAKOR DINESHJI @ HAVELI DHANAJI & ANR Versus STATE OF GUJARAT ========================================================== Appearance:

MR MITTAL N PATEL, ADVOCATE for the APPLICANTS MR HARDIK SONI, APP for the Respondent State ========================================================== CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 02/08/2021

IA ORDER

1. This is an application for suspension of sentence pending appeal. There are two applicants.

2. The applicants are convicted by the 6th Additional Sessions Judge, Mehsana vide judgment dated 10.06.2021 in Sessions Case No.58 of 2016. The conviction is principally under Sections 307, 323 and 427 of the Indian Penal Code and Section 135 of the Gujarat Police Act. The sentence awarded is rigorous imprisonment for three years. Fine is also imposed and in default thereof, simple imprisonment is imposed.

3. The appeal is admitted by this Court.

4. Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the State.

5. Heard learned advocate for the appellants / applicants and learned Additional Public Prosecutor for the State.

R/CR.A/928/2021 IA ORDER DATED: 02/08/2021

6. It is indicated that the Sessions Court has already suspended the sentence and at present, the applicants are not in jail.

7. Having heard learned advocates for the respective parties and having considered the material on record, including the period of sentence awarded, this Court finds that, ends of justice would meet if the sentence is suspended during pendency of the appeal.

8. In view of above, the following order is passed.

8.1     This application is allowed.

8.2     It is ordered that the sentence imposed on the applicants
by the          the 6th Additional Sessions Judge, Mehsana vide

judgment dated 10.06.2021 in Sessions Case No.58 of 2016, shall remain suspended during pendency of the appeal.

8.3 Since the applicants are already indicated to be on bail at present, they shall furnish fresh bail bond.

8.4 Rule is made absolute in above terms.

9. Registry shall communicate this order to the concerned Authority / Court.

Direct service is permitted.

(PARESH UPADHYAY, J) MOBHATI/PS/82