Jabbarsinh @ Nenko Jorubhai ... vs State Of Gujarat
2021 Latest Caselaw 1 Guj

         R/CR.A/1380/2020                                       ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL APPEAL NO. 1380 of 2020

                                 With
   CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF
                     SENTENCE) NO. 1 of 2020
            In R/CRIMINAL APPEAL NO. 1380 of 2020
============================================
               JABBARSINH @ NENKO JORUBHA
                                 Versus
                        STATE OF GUJARAT
============================================
Appearance:
JAY J JANI(9303) for the Appellant(s) No. 1
MS JIRGA JHAVERI ADDL. PUBLIC PROSECUTOR(2) for the
Opponent(s)/Respondent(s) No. 1
============================================
 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 01/01/2021

                              ORAL ORDER

Heard learned Advocate Shri Jay J. Jani for the appellant and learned APP Ms. Jirga Jhaveri for the respondent - State.

ADMIT. Learned APP Ms. Jhaveri waives service of admission on behalf of the respondent - State.

Learned Advocate Shri Jani submits that the name of the applicant - appellant in both the appeal as well as application is wrongly mentioned and therefore, he may be permitted to correct the cause title. He submits that the name of the applicant - appellant as per the impugned judgment is Jabbarsinh Alias Nenko Jorubha Bhavsangji Vihol, whereas in the cause title, the name of Bhavsangji Vihol has not been mentioned inadvertently. Request is granted. Registry to make appropriate correction in cause title of

R/CR.A/1380/2020 ORDER

the appeal as well as Criminal Misc. Application for suspension of sentence.

Order in Criminal Misc. Application No.1 of 2020:

1. Rule. Learned APP Ms. Jirga Jhaveri waives service of Rule on behalf of the respondent - State.

2. Heard learned Advocate Shri Jay J. Jani for the appellant and learned APP Ms. Jirga Jhaveri for the respondent - State.

3. By way of present application, the applicant seeks suspension of sentence imposed by the learned Special Judge (Atrocity), Mehsana, in Special Atrocity Case No.43 of 2017 dated 18.12.2020, whereby the learned Special Judge (Atrocity), Mehsana, convicted the applicant for the offences punishable under Sections 323, 325 of Indian Penal Code and Section 135 of of the Bombay Police Act, whereby the applicant is directed to suffer one month simple imprisonment for one month and to pay a fine of Rs.500/-, in default, to further undergo 15 days simple imprisonment for the offence punishable under Section 323 of Indian Penal Code; for the offence punishable under Section 325 of Indian Penal Code, to suffer four years simple imprisonment and fine of Rs.500/-, in default, to further undergo 1 month simple imprisonment as well as for the offence under Section 135 of the Bombay Police Act, the applicant is directed to suffer one month simple imprisonment.

4. Learned Advocate Shri Jani has submitted that the learned Sessions Judge has taken into consideration the deposition of the complainant only. He further submits that there are certain glaring errors in the judgment and order of the learned Sessions Judge. He further submits that the offences for which the present applicant has been convicted are bailable offences and therefore, the sentence may be suspended pending the final disposal of the

R/CR.A/1380/2020 ORDER

appeal.

5. Learned APP strongly opposed this application and has submitted that since the applicant is convicted and sentenced for the serious offences, no indulgence may be shown to the applicant at this stage.

6. I have heard learned Advocates for the respective parties. Considering the fact that the applicant is convicted and sentenced for a period of four years and now the applicant is in custody and further considering the ratio laid down in the case of Bhagwan Rama Shinde V/s. State of Gujarat reported in (1994) 4 SCC 421, I am inclined to suspend the sentence imposed by the learned Special Judge (Atrocity), Mehsana, in Special Atrocity Case No.43 of 2017 dated 18.12.2020 till the final disposal of the appeal subject to the following conditions :-

(i) The applicant shall furnish the bond of Rs.10,000/- (Rupees Ten Thousand only) and surety of the like amount and also furnish his full and correct present and permanent address, if any, along with the contact number.

(ii) The applicant shall deposit his passport, if any, before the concerned Sessions Court.

In view of the above, the application is allowed. Rule is made absolute.

Registry is directed to communicate this order to the concerned Trial Court via Email forthwith.

(NIKHIL S. KARIEL,J) VARSHA DESAI