Dharmesh @ Chhotter Gangaram ... vs State Of Gujarat
2021 Latest Caselaw 10835 Guj

      R/CR.A/799/2021                                IA ORDER DATED: 05/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                           CRIMINAL MISC.APPLICATION
                         (FOR SUSPENSION OF SENTENCE)
                                  NO. 1 of 2021
                                       In
                        R/CRIMINAL APPEAL NO. 799 of 2021
==========================================================

DHARMESH @ CHHOTTER GANGARAM CHUNILAL MARWADI (GIRI) Versus STATE OF GUJARAT ========================================================== Appearance:

MR. VISHAL N PANDIT for the PETITIONER(s) No. MR HARDIK SONI, APP for the Respondent State ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 05/08/2021

IA ORDER

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

2. The applicant is convicted by the 17 th Additional Sessions Judge, Surat vide judgment dated 06.04.2021 in Sessions Case No.328 of 2020. The conviction is principally under Sections 379(A)(3) and 114 of the Indian Penal Code. The sentence awarded is rigorous imprisonment for 7 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/799/2021 IA ORDER DATED: 05/08/2021

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 7 years, by this time, the applicant has already served the sentence of about 1 years 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 17th Additional Sessions Judge, Surat vide judgment dated 06.04.2021 in Sessions Case No.328 of 2020, 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/799/2021 IA ORDER DATED: 05/08/2021

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) MOBHATI/PS/62