Raghavbhai Keshavbhai Rathod vs State Of Gujarat
2021 Latest Caselaw 10471 Guj

     R/CR.A/897/2021                                 IA ORDER DATED: 03/08/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          CRIMINAL MISC.APPLICATION
                          (REGULAR BAIL) NO. 1 of 2021
                                      In
                       R/CRIMINAL APPEAL NO. 897 of 2021

==========================================================

LALJIBHAI RAGHAVBHAI RATHOD,

BALIBEN BUDHABHAI RATHOD,

AJITBHAI BUDHABHAI RATHOD and KUBERBHAI KESHAVBHAI RATHOD

Versus

STATE OF GUJARAT ========================================================== Appearance:

MR CHIRAG H PAREKH, ADVOCATE for the APPLICANTS MR HARDIK SONI, APP for the OPPONENT - STATE MR MB PARIKH, ADVOCATE for the COMPLAINANT ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 03/08/2021

IA ORDER

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

2. The applicants (who are original accused Nos.5 to 8) are convicted by the Sessions Judge, Amreli vide judgment dated 14.06.2021 in Sessions Case No.34 of 2016. The conviction is principally under Sections 323, 504, 114 of the Indian Penal Code. Different Sentences are awarded for different sections, however, the maximum sentence awarded is rigorous imprisonment for six months. Fine is also imposed and in default thereof, simple imprisonment is imposed.

R/CR.A/897/2021 IA ORDER DATED: 03/08/2021

3. The appeal is admitted by this Court.

4. Rule was issued earlier.

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

6. It is indicated that the Sessions Court has already suspended the sentence and at present, the applicants are not in jail. The said relief was extended by this Court earlier.

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. It is noted that, the orders passed by this Court qua other accused / convicts in this appeal / Sessions Case as well as in Criminal Appeal No.922 of 2021 (Sessions Case No.35 of 2016) are also kept in view.

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 Sessions Judge, Amreli vide judgment dated 14.06.2021 in Sessions Case No.34 of 2016, shall remain suspended during pendency of the appeal.

8.3 Since the applicants are already indicated to be on bail at

R/CR.A/897/2021 IA ORDER DATED: 03/08/2021

present, they shall furnish fresh bail bonds.

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) M.H. DAVE/35(1)