Sureshbhai S/O Panchabhai ... vs State Of Gujarat
2021 Latest Caselaw 12262 Guj

     R/CR.A/959/2021                                IA ORDER DATED: 24/08/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                          CRIMINAL MISC.APPLICATION
                        (FOR SUSPENSION OF SENTENCE)
                                 NO. 1 of 2021
                                       In
                       R/CRIMINAL APPEAL NO. 959 of 2021
==========================================================

SURESHBHAI S/O PANCHABHAI GABHABHAI SORATHIYA Versus STATE OF GUJARAT ========================================================== Appearance:

HCLS COMMITTEE for the PETITIONER(s) No. MR UMANG H OZA for the PETITIONER(s) No. MR HARDIK SONI, APP for the Respondent State ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 24/08/2021

IA ORDER

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

2. The applicant is convicted by the Judge, F.T.S.C. (POCSO) Court, Bhavnagar at Mahuva, vide judgment dated 18.12.2020 in Special (POCSO) Case No.15 of 2016. The conviction is principally under Sections 363, 366 and 376(2) 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.

R/CR.A/959/2021 IA ORDER DATED: 24/08/2021

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. While recording this, this Court inter alia taken into consideration the evidence of the victim herself. 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 Judge, F.T.S.C. (POCSO) Court, Bhavnagar at Mahuva, vide judgment dated 18.12.2020 in Special (POCSO) Case No.15 of 2016, 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/959/2021 IA ORDER DATED: 24/08/2021

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/61