Altafbhai Kalubhai Parmar vs State Of Gujarat
2021 Latest Caselaw 1142 Guj

       R/CR.A/1082/2020                                      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. 1082 of 2020
==========================================================

ALTAFBHAI KALUBHAI PARMAR Versus STATE OF GUJARAT ========================================================== Appearance:

MR PREMAL S RACHH for the PETITIONER(s) No. MR PRANAV TRIVEDI APP for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR. JUSTICE S.H.VORA Date : 25/01/2021 IA 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 applicant is convicted by the learned trial Court for the offence punishable under Section 7 of the Prevention of Corruption Act and sentenced for S.I. for 5 years and to pay fine of Rs.25,000/-, in default, further S.I. for one year and also convicted for the offence punishable under Section 13(2) of the Prevention of Corruption Act and sentenced for S.I. for 7 years and to pay fine of Rs.25,000/-, in default, further S.I. for one year. The applicant has filed appeal before this Court which came to be admitted. The applicant has also moved present application for suspension of sentence.

4. Upon considering the submissions made at bar, it appears that the applicant is required to suffer the sentence imposed upon him concurrently. As applicant sentenced for a fixed period and the appeal is not likely to be heard in near future, present application for suspension of sentence can be

R/CR.A/1082/2020 IA ORDER

considered 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 application. No breach of bail condition pending trial or any past conviction reported to the Court.

5. Therefore, pending appeal, judgment and order of sentence imposed upon the applicant dated 16/10/2020 passed by the learned Additional Sessions Judge, Rajula in Special ACB Case No.2 of 2012 is hereby suspended and the applicant shall remain on bail pending hearing of the appeal on the same terms and conditions as were imposed at the time of grant of regular bail pending trial but, by furnishing fresh bail bond of Rs.15,000/- to the satisfaction of the learned Sessions Court concerned and on further conditions to (i) attend hearing of the appeal regularly and (ii) pay the fine amount within 7 days from today, if not paid till date.

6. Accordingly, present application is allowed. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(S.H.VORA, J) sompura