Lakhman @ Bado Sarman Odedra vs State Of Gujarat
2021 Latest Caselaw 3233 Guj

      R/CR.RA/154/2021                                                  ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL REVISION APPLICATION NO.                            154 of 2021

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            LAKHMAN @ BADO SARMAN ODEDRA
                        Versus
                  STATE OF GUJARAT
=====================================================
Appearance:
MR DIPESH D SONI(9996) for the Applicant(s) No. 1
MR PRANAV TRIVEDI ADDITIONAL PUBLIC PROSECUTOR(2) for
the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                          Date : 24/02/2021

                                 ORAL ORDER

1. Heard learned Advocate Mr. Dipesh D. Soni on

behalf of the applicant and learned Additional

Public Prosecutor Mr. Pranav Trivedi on behalf

of the respondent­State.

2. By way of this application, the applicant

challenges the judgment and order passed by the

learned Judicial Magistrate First Class,

Kutiyana in Criminal Case No.525 of 2016 wherein

the present applicant has been convicted for

offences punishable under Section 66(1)(b) of

the Bombay Prohibition Act for which he is

sentenced to undergo three months simple

R/CR.RA/154/2021 ORDER

imprisonment and whereas fine of Rs.500/­ has

also been imposed upon him, failure to deposit

would result in further 10 days imprisonment.

The said judgment and order has been challenged

by applicant vide Criminal Appeal No.17 of 2017

before the learned Principal District and

Sessions Court, Porbandar and whereas vide order

dated 1st February, 2021, the learned Sessions

Court has rejected the appeal preferred by the

present applicant. Learned Advocate for the

applicant submits that since the sentence

imposed upon the applicant is of three months,

and since the present applicant is in custody

since the date of order of the learned Sessions

Court, and in view of the fact that the said

sentence would come under the purview of the

term 'short sentence', this Court may pending

admission of final decision of the present

revision application stay the substantive

sentence imposed by the learned Sessions Court.

3. Learned APP Mr. Pranav Trivedi strongly opposed

this application.

            R/CR.RA/154/2021                                                  ORDER



    4. Heard         learned            Advocate               for    the         parties,

considering the judgment of Supreme Court in the

case of Bhagwan Rama Shinde Gosai Versus State

of Gujarat, reported in 1999(4)SCC 421, since

the sentence imposed by the learned Magistrate

confirmed by the learned Sessions Court is for a

fixed period, and since the period of

imprisonment for three months only, Issue Notice

returnable on 17th March, 2021, meanwhile the

sentence imposed by the learned Judicial

Magistrate First Class At Kutiyana in Criminal

Case No.525 of 2016 vide order dated 5th June,

2017 confirmed by the learned Principal District

and Sessions Judge, Porbandar in Criminal Appeal

No.17 of 2017 vide order dated 1st February, 2021

shall remained stayed.

(NIKHIL S. KARIEL,J)

Pallavi