Mohammad Akram Anwarali Saiyeed vs State Of Gujarat
2021 Latest Caselaw 757 Guj

       R/CR.A/1061/2020                                            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. 1061 of 2020
==========================================================

MOHAMMAD AKRAM ANWARALI SAIYEED Versus STATE OF GUJARAT ========================================================== Appearance:

for the PETITIONER(s) No. MR. HARDIK P BAROT for the PETITIONER(s) No. MS CM SHAH, APP for the RESPONDENT(s) No.1 MR JIGNESHKUMAR NAYAK for the Respondent No.2 ==========================================================

CORAM: HONOURABLE MS. JUSTICE BELA M. TRIVEDI

Date : 19/01/2021

IA ORDER

1. The Coordinate Bench vide order dated 26.11.2020

had admitted the Appeal qua the respondent -

State and had issued Notice of admission to the

private respondent and till the next date, the

interim order passed on 4.11.2020 was extended.

Learned Advocate Mr.Jigneshkumar Nayak appears

for the private respondent.

2. Heard the learned Advocates for the parties.

Since the appeal is admitted, no further order

is passed in Criminal Appeal No.1061 of 2020.

R/CR.A/1061/2020 IA ORDER

3. Rule. The learned Advocates for the respondents

waive service of notice of Rule in the present

application for suspension of sentence pending

the Appeal.

4. Having regard to the facts and circumstances of

the case, more particularly the punishment

imposed for the alleged offences, the Court is

inclined to grant the present application.

5. In that view of the matter, the present

application is allowed. The execution of the

order of sentence imposed vide the judgment and

order dated 19.9.2020 passed by the Special

Atrocity Court of Kalol, District Gandhinagar

below Exh.54 in Special Atrocity Case No.4 of

2018 is hereby suspended till the final disposal

of the Appeal. The applicant - Mohammad Akram

Anwarali Saiyeed is ordered to be released on

bail, in case, he is not required in any other

offence, subject to the condition that he shall

furnish personal bond of Rs. 25,000/- and one

solvent surety of the like amount to the

satisfaction of the concerned Court and subject

to the further following conditions :

R/CR.A/1061/2020 IA ORDER

(a) he shall not take undue advantage of his

liberty or abuse his liberty;

(b) he shall maintain law and order;

(c) he shall surrender his passport, if any, to

the lower court, within a week and if he does

not possess any passport, then he shall make a

declaration to that effect before the trial

court;

(d) he shall furnish an affidavit furnishing his

full, correct and permanent addresses 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 Kalol Taluka

police station.

           R/CR.A/1061/2020                                         IA ORDER



   6. It         is   made   clear     that        any   observations           made

while deciding this application are merely prima

facie observations made for the purpose of grant

of bail and shall have no bearing on the final

outcome of the Appeal.

7. Rule is made absolute accordingly.

(BELA M. TRIVEDI, J) V.V.P. PODUVAL