Gujarat High Court
Bhautikbhai Jashmatbhai ... vs State Of Gujarat on 21 January, 2021
Bench: Bela M. Trivedi
R/CR.A/1007/2020 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. 1007 of 2020
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BHAUTIKBHAI JASHMATBHAI DEKIVADIYA
Versus
STATE OF GUJARAT
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Appearance:
MR KIRTIDEV R DAVE for the PETITIONER(s) No.
MR RAHUL K DAVE for the PETITIONER(s) No.
MR.RUTURAJ S VYAS for the PETITIONER(s) No.
MS CM SHAH, APP for the RESPONDENT(s) No.
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CORAM: HONOURABLE MS. JUSTICE BELA M. TRIVEDI
Date : 21/01/2021
IA ORDER
1. The application has been filed by the applicantappellant
(original accused) under Section 389 of the Cr.P.C seeking suspension
of sentence imposed by the Additional Sessions Judge, Rajkot at
Dhoraji vide the impugned judgment and order dated 09.10.2020
passed in Sessions Case No. 32 of 2019, whereby the applicant
accused has been convicted for the offences punishable under Section
376(2)(n) of IPC and has been directed to undergo rigorous
imprisonment for a period of ten years and pay fine of Rs. 10,000/ in
default thereof to undergo simple imprisonment of one year. Being
aggrieved by the said order dated 09.10.2020, the applicant has
preferred the captioned Appeal and pending the Appeal has filed the
present application.
2. The learned Advocate Mr. Kirtidev Dave submitted that the
prosecutrix was major and had love affair with the accused, however
R/CR.A/1007/2020 IA ORDER
since both of them belonged to different caste, marriage could not take
place. He has relied upon the latest decision of the Supreme Court in
the case of Maheshwar Tigga versus State of Jharkhand decided on
28.09.2020 in Criminal Appeal No. 235 of 2020 in support of his
submissions.
3. Learned APP Ms. Shah has submitted that the Court may pass
appropriate order considering the age of the prosecutrix. Ofcourse,
she has relied upon the decision of the Supreme Court in case of
Deepak Gulati versus State of Haryana reported in (2013) 7 SCC
675.
4. With the consent of the learned Advocates for the parties,
reasoned order is not passed. Suffice it to say that having regard to
the facts and circumstances of the case, the sentence of the
appellant/ accused is suspended during the pendency of the Criminal
Appeal No. 1007 of 2020 subject to the following conditions:
(a) he shall not take undue advantage of his liberty or abuse his
liberty;
(b) he shall maintain law and order;
(c) he shall execute personal bond of Rs. 25,000/ and also
furnish surety of the like amount to the satisfaction of the Sessions
Court, Rajkot at Dhoraji.
(d) he shall surrender his passport, if any, before the Sessions
Court, within a week and if he does not possess any passport, then he
shall make a declaration to that effect before the Sessions Court;
(d) he shall furnish an affidavit furnishing his full, correct and
R/CR.A/1007/2020 IA ORDER
permanent address and the phone number. If during the pendency of
the criminal appeal any change in his residential address, permanent
or temporary, takes place, then the applicant shall intimate the same
to the trial court as well as the concerned Police Station;
(e) he shall not leave the limits of Gujarat State without prior
permission of this Court;
(f) he shall mark his presence in first week of every month before
the concerned Dhoraji police station. In case of any two default
consecutively, the PI of the concerned Police Station shall report to the
Sessions Court, Rajkot at Dhoraji.
5. The present application is allowed. Direct Service is permitted.
Rule is made absolute accordingly. The Copy of the order be sent to
the concerned Police Station at Dhoraji, and the concerned Sessions
Court, Rajkot at Dhoraji.
(BELA M. TRIVEDI, J)
SINDHU NAIR
