Pravinsingh Navusingh Bhadani ... vs State Of Gujarat
2021 Latest Caselaw 10839 Guj

     R/CR.A/381/2021                                 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. 381 of 2021
==========================================================

PRAVINSINGH NAVUSINGH BHADANI (DARBAR) Versus STATE OF GUJARAT ========================================================== Appearance:

MR P P MAJMUDAR for the PETITIONER(s) No. MR. VIPUL B SUNDESHA 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 Special Judge (POCSO) and 6th Additional Sessions Judge, Banaskantha at Palanpur vide judgment dated 12.01.2021 in Special (POCSO) Case No.56 of 2016. The conviction is principally under Sections 376 of the Indian Penal Code and Sections 3(c), 4, 6 and 7 of the Protection of Children from Sexual Offences Act. 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.

R/CR.A/381/2021 IA ORDER DATED: 05/08/2021

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

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

6. It is indicated that the applicant at present is 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 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. The evidence of the victim is also considered by this Court. 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 the Special Judge (POCSO) and 6th Additional Sessions Judge, Banaskantha at Palanpur vide judgment dated 12.01.2021 in Special (POCSO) Case No.56 of 2016, shall remain suspended during pendency of the appeal.

8.3 The applicant is ordered to be released on bail on

R/CR.A/381/2021 IA ORDER DATED: 05/08/2021

furnishing personal bond of Rs. 5,000/- (Rupees Five Thousand Only) and one surety like amount.

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/57