Chmpabhai @ Champakbhai ... vs State Of Gujarat
2021 Latest Caselaw 10621 Guj

     R/CR.A/2056/2018                         IA ORDER DATED: 04/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


      CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 3 of 2021
                               In
                R/CRIMINAL APPEAL NO. 2056 of 2018
==========================================================

CHAMPABHAI @ CHAMPAKBHAI DHULABHAI SELOT Versus JAIL SUPERINTENDENT ========================================================== Appearance:

MR RADHESH VYAS, ADVOCATE for the Applicant MR HARDIK SONI, APP for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 04/08/2021

IA ORDER

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

2. This application is filed through jail, however at the request of the Court, Mr. Radhesh Vyas, learned advocate, who is appearing in the appeal for the appellant and who is assigned this appeal by the Gujarat High Court Legal Services Committee, has assisted the Court.

3. The applicant is convicted by the 4th (Ad-hoc) Additional Sessions Judge, Dahod vide judgment dated 14.08.2017 in Special POCSO Case No. 86 of 2015. The conviction is principally under Sections 376(i)(n), 366 & 363 of the Indian Penal Code. Different sentences are awarded for different sections, however, the maximum sentence awarded is rigorous imprisonment for 10 years. Fine is also imposed and in default thereof, simple imprisonment is imposed.

R/CR.A/2056/2018 IA ORDER DATED: 04/08/2021

4. The appeal is admitted by this Court.

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

6. Heard learned advocate for the appellant / applicant and learned Additional Public Prosecutor for the State.

7. 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 10 years, by this time, the applicant has already served the sentence of about 5 years and 6 months.

8. 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, 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.

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

9.1      This application is allowed.

9.2      It is ordered that the sentence imposed on the applicant

by the 4th (Ad-hoc) Additional Sessions Judge, Dahod vide judgment dated 14.08.2017 in Special POCSO Case No. 86 of 2015, shall remain suspended during pendency of the appeal.

R/CR.A/2056/2018 IA ORDER DATED: 04/08/2021

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

9.4 Rule is made absolute in above terms.

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

Direct service is permitted.

(PARESH UPADHYAY, J) SALIM/51