Gujarat High Court
Jayrajsinh Rajendrasinh @ Rajbha ... vs State Of Gujarat on 4 August, 2021
Bench: Paresh Upadhyay
R/CR.A/763/2021 IA ORDER DATED: 04/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION
(FOR SUSPENSION OF SENTENCE)
NO. 1 of 2021
In
R/CRIMINAL APPEAL NO. 763 of 2021
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JAYRAJSINH RAJENDRASINH @ RAJBHA GOHIL,
BHAYLUBHA NIRUBHA GOHIL
AND
VEERAMDEVSINH HARDEVSINH JADEJA
Versus
STATE OF GUJARAT
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Appearance:
MR HARSHIT S TOLIA, ADVOCATE for the APPLICANTS
MR HARDIK SONI, APP for the Respondent State
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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 three applicants.
2. The applicants are convicted by the Special Judge
(Scheduled Castes and Scheduled Tribes [Prevention of
Atrocities] Act), Bhavnagar, vide judgment dated 31.03.2021 in
Sessions (Atrocities) Case No.50 of 2013. The conviction is
principally under Section 3(2)5 of the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act and
Sections 326, 120(b), 506 (2) and 324 of the Indian Penal
Code. Different sentences are awarded for different sections,
R/CR.A/763/2021 IA ORDER DATED: 04/08/2021
however, the maximum sentence awarded is rigorous
imprisonment for five 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.
6. It is indicated that the applicants at present are in jail and
is serving the sentence.
7. Having heard learned advocates for the respective
parties and having considered the material on record, including
the period of sentence awarded, 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.
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 Special Judge (Scheduled Castes and Scheduled
R/CR.A/763/2021 IA ORDER DATED: 04/08/2021
Tribes [Prevention of Atrocities] Act), Bhavnagar, vide
judgment dated 31.03.2021 in Sessions (Atrocities) Case
No.50 of 2013, 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) and one surety of the 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/50
