Chauhan (Thakor) Rajendrasinh @ ... vs State Of Gujarat
2021 Latest Caselaw 12264 Guj

     R/CR.A/1101/2021                                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. 1101 of 2021

==========================================================

CHAUHAN (THAKOR) RAJENDRASINH @ RAJUJI JUVANSINH @ JAWALSINH,

THAKOR GOPALJI JIVANJI,

THAKOR RATANSINH @ RATNAJI JIVANJI,

THAKOR RAJUJI UDAJI MANSANGJI,

THAKOR MAHENDRAJI @ TINAJI SHIVAJI,

THAKOR BADARJI RAMAJI,

THAKOR KAMLESHJI MANAKAJI,

THAKOR DASHRATHJI JOITAJI and THAKOR ABHUJI POPATJI

Versus

STATE OF GUJARAT ========================================================== Appearance:

MR HARSHADKUMAR D PANCHAL ADVOCATE for the PETITIONERS MR HARDIK SONI, APP for the RESPONDENT ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 24/08/2021

IA ORDER

1. This is an application for suspension of sentence pending appeal. There are nine applicants.

R/CR.A/1101/2021 IA ORDER DATED: 24/08/2021

2. The applicants are convicted by the 4th Additional Sessions Judge, Mehsana vide judgment dated 22.07.2021 in Sessions Case No.44 of 2018. The conviction is principally under Sections 143, 147, 148, 149, 323 and 337 of the Indian Penal Code read with Section 135 of the G.P. Act. Different sentences are awarded for different sections, however, the maximum sentence awarded is rigorous imprisonment for two 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 appellants / applicants and learned Additional Public Prosecutor for the State.

6. It is indicated that the Sessions Court has already suspended the sentence and at present, the applicants are not in jail.

7. Having heard learned advocates for the respective parties and having considered the material on record, including the period of sentence awarded, this Court finds that, ends of justice would meet if the sentence is suspended during pendency of the appeal.

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

R/CR.A/1101/2021 IA ORDER DATED: 24/08/2021

by the 4th Additional Sessions Judge, Mehsana vide judgment dated 22.07.2021 in Sessions Case No.44 of 2018 shall remain suspended during pendency of the appeal.

8.3 Since the applicants are already indicated to be on bail at present, they shall furnish fresh bail bond.

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) M.H. DAVE/73