Gujarat High Court
Prahladbhai @ Bhato Mafabhai ... vs State Of Gujarat on 24 August, 2021
Bench: Paresh Upadhyay
R/CR.A/1057/2021 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. 1057 of 2021
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PRAHLADBHAI @ BHATO MAFABHAI HARIBHAI SENMA
Versus
STATE OF GUJARAT
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Appearance:
MR TUSHAR CHAUDHARY for the APPLICANT
MR HARDIK SONI, APP for the Respondent State
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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 Sessions Judge, Patan
vide judgment dated 31.08.2019 in Sessions Case No.17 of
2017. The conviction is principally under Sections 376 and
506(2) of the Indian Penal Code. Different sentences are
awarded for different sections, however, the maximum
sentence awarded is rigorous imprisonment for seven 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/1057/2021 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. It is further indicated that as against the
sentence of 7 years, by this time, the applicant has already
served the sentence of about 2 years and 6 months.
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 Sessions Judge, Patan vide judgment dated 31.08.2019
in Sessions Case No.17 of 2017, 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
R/CR.A/1057/2021 IA ORDER DATED: 24/08/2021
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/71
