Shailesh @ Savlo Dhansing Rathva vs State Of Gujarat
2021 Latest Caselaw 12265 Guj

     R/CR.A/1060/2021                                       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. 1060 of 2021
==========================================================

SHAILESH @ SAVLO DHANSING RATHVA Versus STATE OF GUJARAT ========================================================== Appearance:

MR YASH K DAVE, ADVOCATE for MR VISHAL K ANANDJIWALA, ADVOCATE for the APPLICANT

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 Special Judge (POCSO) and 2nd Additional Sessions Judge, Anand vide judgment dated 13.07.2021 in Special (POCSO) Case No.47 of 2015. The conviction is principally under Sections 363 and 366 of the Indian Penal Code and Section 5 (k)(l) 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/1060/2021 IA ORDER DATED: 24/08/2021

4. Rule was issued earlier.

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 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 Special Judge (POCSO) and 2nd Additional Sessions Judge, Anand vide judgment dated 13.07.2021 in Special (POCSO) Case No.47 of 2015, shall remain suspended during pendency of the appeal.

8.3 The applicant is ordered to be released on bail on

R/CR.A/1060/2021 IA ORDER DATED: 24/08/2021

furnishing personal bond of Rs. 5,000/- (Rupees Five Thousand Only).

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/72