Rabari Baldevbhai Sartanbhai vs State Of Gujarat
2021 Latest Caselaw 10625 Guj

     R/CR.A/589/2021                                IA ORDER DATED: 04/08/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                          CRIMINAL MISC.APPLICATION
                        (FOR SUSPENSION OF SENTENCE)
                                 NO. 2 of 2021
                                       In
                       R/CRIMINAL APPEAL NO. 589 of 2021
==========================================================

RABARI VIHABHAI @ VISABHAI BALDEVBHAI,

RABARI KANUBHAI @ KANJIBHAI BALDEVBHAI,

RABARI FULABHAI MAGANBHAI,

RABARI VISHNUBHAI MAGANBHAI,

RABARI DEVABHAI KHODABHAI,

AND

RABARI BHARATBHAI LAXMANBHAI

Versus

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

MR YOGESH LAKHANI, SENIOR ADVOCATE with MR KISHAN R CHAKWAWALA, ADVOCATE for the APPLICANTS

MR HARDIK SONI, APP for the Respondent State

MR PRATIK B BAROT, ADVOCATE for the COMPLAINANT ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 04/08/2021

IA ORDER

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

2. The applicants are convicted by the 2nd Additional

R/CR.A/589/2021 IA ORDER DATED: 04/08/2021

Sessions Judge, Mehsana vide judgment dated 19.03.2021 in Sessions Case No. 118 of 2012. The conviction is principally under Sections 307, 149, 143, 147, 143, 323 and 324 of the Indian Penal Code. Different sentences are awarded for different sections, however, the maximum sentence awarded is rigorous imprisonment for ten 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 appellants / applicants and learned Additional Public Prosecutor for the State.

6. Learned advocate for the complainant and learned Additional Public Prosecutor have vehemently opposed this application.

7. It is indicated that the applicants at present are in jail and are serving the sentence.

8. Having heard learned advocates for the respective parties and having considered the material on record, including the chances of the conviction ultimately being sustained vis-a- vis the case against the applicants 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.

R/CR.A/589/2021 IA ORDER DATED: 04/08/2021

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 2nd Additional Sessions Judge, Mehsana vide judgment dated 19.03.2021 in Sessions Case No. 118 of 2012 shall remain suspended during pendency of the appeal.

8.3 The applicants are ordered to be released on bail on furnishing personal bond of Rs. 5,000/- (Rupees Five Thousand Only), each and one surety of like amount, each.

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/49