Gujarat High Court
Deepak Bamba Bahadur ... vs State Of Gujarat on 5 August, 2021
Bench: Paresh Upadhyay
R/CR.A/1319/2018 ORDER DATED: 05/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1319 of 2018
With
CRIMINAL MISC.APPLICATION
(TEMPORARY BAIL)
NO. 1 of 2021
In
R/CRIMINAL APPEAL NO. 1319 of 2018
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DEEPAK BAMBA BAHADUR KHATRI(RAJPUT)
Versus
STATE OF GUJARAT
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Appearance:
HCLS COMMITTEE(4998) for the Appellant(s) No. 1
MR HEMANT MAKWANA(3622) for the Appellant(s) No. 1
MR HARDIK SONI, APP for the Respondent State
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CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY
Date : 05/08/2021
ORAL ORDER
1. Challenge in this appeal is made to the judgment and
order passed by the Special and Additional Sessions Judge,
Aravalli at Modasa, dated 29.07.2017 in Special (POCSO) Case
No.25 of 2016. The conviction is under Sections 363, 366 and
376(2)(i)(N) of the Indian Penal Code and Section 6 of the
Protection of Children from Sexual Offences Act and Section
3(2)(5) of the Atrocities Act. The sentence awarded is rigorous
imprisonment for ten years. Fine is also imposed and in default
thereof, simple imprisonment is imposed.
2. This appeal was admitted by this Court vide order dated
12.09.2018.
R/CR.A/1319/2018 ORDER DATED: 05/08/2021
3. Heard learned advocate for the appellant / applicant and
learned Additional Public Prosecutor for the State.
4. 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 ten years, by this time, the applicant has already
served the sentence of more than six years.
5. 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.
6. In view of above, the following order is passed.
6.1 The application for temporary bail is disposed of, in view
of the following order.
6.2 It is ordered that the sentence imposed on the applicant
by the judgment and order passed by the Special and
Additional Sessions Judge, Aravalli at Modasa, dated
29.07.2017 in Special (POCSO) Case No.25 of 2016, shall
remain suspended during pendency of the appeal.
R/CR.A/1319/2018 ORDER DATED: 05/08/2021
6.3 The applicant is ordered to be released on bail on
furnishing personal bond of Rs. 5,000/- (Rupees Five Thousand
Only).
6.4 Rule is made absolute in above terms.
7. Registry shall communicate this order to the concerned
Authority / Court.
Direct service is permitted.
(PARESH UPADHYAY, J)
MOBHATI/PS/75
