Rameshbhai Bhemabhai Nayak vs State Of Gujarat
2021 Latest Caselaw 2552 Guj

        R/CR.A/1151/2020                                       IA ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF
              SENTENCE) NO.1 of 2020
                        In
         R/CRIMINAL APPEAL NO.1151 of 2020
=========================================

RAMESHBHAI BHEMABHAI NAYAK Versus STATE OF GUJARAT ========================================= Appearance :

MR PV PATADIYA for the APPLICANT.

MS KRINA CALLA, Additional Public Prosecutor for the RESPONDENT. =========================================

CORAM : HONOURABLE MR. JUSTICE A.J.DESAI and HONOURABLE MR. JUSTICE A.C. RAO

Date : 17/02/2021 IA ORDER (PER : HONOURABLE MR. JUSTICE A. J. DESAI)

1. By way of the present application preferred under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the applicant - accused has prayed to suspend the execution and operation of the sentence imposed upon the applicant by judgment and order dated 15.1.2020 passed by learned 7th Additional Sessions Judge, Limkheda, Dist. Dahod in Sessions Case No.13 of 2018 and has prayed to release him on bail during the pendency of the appeal.

2. As per the order dated 27.1.2020, Records and Proceedings of Sessions Case No.13 of 2018 were called from the learned Trial Court which has reached to this Court.

3. Mr. P. V. Patadiya, learned advocate appearing for the applicant would submit that there are no eye-witnesses to the incident and the conviction is based only on hear-say evidence and

R/CR.A/1151/2020 IA ORDER

so-called extra judicial confession made by the applicant before the witnesses examined by the prosecution. He would further submit that such evidence is piece of evidence and solely on that ground, one cannot be convicted. He, therefore, would submit that the applicant be released on bail during the pendency of the trial.

4. On the other hand, Ms. Krina Calla, learned Additional Public Prosecutor appearing for the respondent - State would submit that after the incident, the applicant was immediately caught by the villagers from the nearby area from the place of incident and subsequent thereto, there was discovery of big stone used by the applicant in the crime. She would further submit that the motive is disclosed while lodging the FIR in which the name of the applicant was clearly disclosed. She would further submit that a widow aged 65 years is attacked by the present applicant by stone on her vital part i.e. head pursuant to which she sustained fracture injury and succumbed to death. She would further submit that the learned Trial Court, after examining the evidence, has convicted the applicant and hence, at this stage, the applicant may not be released on bail during the pendency of the appeal and hence, the present application may be rejected.

5. We have heard learned advocates appearing for the respective parties and perused the Records and Proceedings received from the learned Trial Court and scrutinized the evidence. It is a fact that the applicant is named in the FIR which has been lodged immediately. Further, after the incident took place, the applicant was immediately caught by the villagers at around 11.30 p.m. from the field. Several witnesses have deposed before the learned Trial Court that when the applicant was caught, the applicant had disclosed that he had committed the crime under

R/CR.A/1151/2020 IA ORDER

certain circumstances. The said evidence is not discussed in detail at this stage. It is also pertinent to note that because of injury received by the deceased on her vital part of the body i.e. head, she immediately succumbed to death. Hence, we are of the opinion that this is not a fit case for suspending the sentence imposed upon the applicant. Hence the present application stands rejected. Rule is discharged.

Registry is hereby directed to return the records and proceedings to the learned Trial Court and the learned Trial Court is hereby directed to prepare the paper-book and send the same to this Court.

(A. J. DESAI, J)

(A. C. RAO, J)

SAVARIYA