Tapas S/O Gopalachand Dutta ... vs State Of Gujarat
2021 Latest Caselaw 10295 Guj

     R/CR.A/250/2020                             IA ORDER DATED: 02/08/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                           1 of 2021
             In R/CRIMINAL APPEAL NO. 250 of 2020
==========================================================

TAPAS S/O GOPALACHAND DUTTA (BENGOLI) Versus STATE OF GUJARAT ========================================================== Appearance:

MS.P J.JOSHI for the PETITIONER(s) No. MR HARDIK SONI, APP for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 02/08/2021

IA ORDER

1. This is an application for suspension of sentence pending appeal.

2. The applicant is convicted by the Additional City Civil & Sessions Judge, City Civil and Sessions Court, Ahmedabad vide judgment dated 29.01.2020 in Special POCSO Case No. 55 of 2018. The conviction is principally under Section 10 & 8 of the POCSO Act, 2012 and Section 354(a)(l)(i) of the Indian Penal Code. Different sentences are awarded for different sections, however, the maximum sentence awarded is rigorous imprisonment for 5 years. Fine is also imposed and in default thereof, simple imprisonment is imposed.

3. The appeal is admitted by this Court.

4. Rule was issued earlier.

5. Heard learned advocate for the appellant / applicant and

R/CR.A/250/2020 IA ORDER DATED: 02/08/2021

learned Additional Public Prosecutor for the State.

6. It is indicated that the applicant at present is in jail and is serving the sentence. It is further indicated that as against the sentence of 5 years, by this time, the applicant has already served the sentence of about 1 year and 6 months.

7. Having heard learned advocates for the respective parties and having considered the material on record, including the period of sentence awarded vis-a-vis the period already spent in jail by this time, including the chances of the conviction ultimately being sustained vis-a-vis the case against the applicant and evidence on record in support of it, this Court finds that, ends of justice would meet if the sentence is suspended during pendency of the appeal. Further, because of pendency of old appeals, the chances of this appeal being heard in near future being less, is also a factor which has weighed with this Court.

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 applicant

by the the Additional City Civil & Sessions Judge, City Civil and Sessions Court, Ahmedabad vide judgment dated 29.01.2020 in Special POCSO Case No. 55 of 2018, shall remain suspended during pendency of the appeal.

8.3 The applicant is ordered to be released on bail on furnishing personal bond of Rs. 5,000/- (Rupees Five Thousand Only).

R/CR.A/250/2020 IA ORDER DATED: 02/08/2021

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) SALIM/91