Kanubhai @ Kanaiyo Rameshbhai ... vs State Of Gujarat
2021 Latest Caselaw 1474 Guj

        R/CR.RA/1169/2019                                 ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
       R/CRIMINAL REVISION APPLICATION NO. 1169 of 2019
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          KANUBHAI @ KANAIYO RAMESHBHAI SOLANKI
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR PRANAV TRIVEDI APP(2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE S.H.VORA

                            Date : 01/02/2021

                             ORAL ORDER

1. Rule. Learned A.P.P. waives service of Rule for the respondent - State.

2. Heard submissions made at bar.

3. This is a case where, the petitioner is convicted by the learned trial Court for the offence punishable under Section 394, 120-B r/w Section 114 of the Indian Penal Code and sentenced for S.I. for 7 years and to pay fine of Rs.1,000/-, in default, further R.I. for thee months, which has been confirmed by the learned Appeal Court and the petitioner has filed the present revision application against the judgment and order of conviction and sentence imposed upon him. The petitioner has also prayed for releasing him on bail while suspending the sentence.

4. Upon considering the submissions made at bar, it appears that the petitioner has already suffered a sentence of four years imprisonment against the sentence of seven years imposed upon him by the learned trial Court and since the

R/CR.RA/1169/2019 ORDER

revision application is not likely to be heard in near future, prayer made by the petitioner in paragraph 10(B) for releasing the petitioner on bail while suspending the sentence pending the hearing of the revision application deserves consideration, in view of the decision rendered in case of Bhagwan Rama Shinde V/s. State of Gujarat (1999)4 SCC 421 as there are no exceptional circumstances pointed out by the learned A.P.P. to refuse/decline the prayer.

5. Therefore, pending revision application, judgment and order of sentence imposed upon the petitioner dated 14/09/2018 passed by the learned Additional Chief Metropolitan Magistrate, Court No.22, Ahmedabad in Criminal Case No.9689 of 2017 which has been confirmed by judgment and order dated 04/07/2019 passed by the learned Additional Sessions Judge, Court No.16, Ahmedabad City in Criminal Appeal No.87 of 2019 are hereby suspended and the petitioner shall be released on bail pending hearing of the revision application on furnishing bail bond and surety of Rs.20,000/- (Rupees Twenty Thousand Only( to the satisfaction of the learned Sessions Court concerned and on further conditions to (i) attend hearing of the revision regularly and (ii) pay the fine amount within 7 days from today, if not paid till date.

Direct service is permitted.

(S.H.VORA, J) sompura