Ruknuddin Jalaluddin Saiyed vs State Of Gujarat
2021 Latest Caselaw 931 Guj

       R/CR.A/1190/2020                                  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. 1190 of 2020
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RUKNUDDIN JALALUDDIN SAIYED Versus STATE OF GUJARAT ========================================================== Appearance:

MR MAHESH K POOJARA for the PETITIONER(s) No. MS CM SHAH, APP for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MS. JUSTICE BELA M. TRIVEDI

Date : 20/01/2021

IA ORDER

1. The application has been filed by the applicant­accused under Section 389 of the Cr.P.C. seeking suspension of sentence pending the Appeal being Criminal Appeal No. 1190 of 2020 arising out of the judgment and order of conviction dated 29.10.2020 passed by the Sessions Court, Anand in Sessions Case No. 145 of 2017.

2. Heard learned Advocates appearing for the parties.

3. Having regard to the submissions made by the learned Advocates appearing for the parties and to the documents on record more particularly, the impugned judgment and order passed by the Sessions Court, it appears that the applicant­accused has been convicted for various offences under IPC and sentenced to undergo imprisonment maximum for a period of three years. Having regard to the nature of offences and to the punishment imposed by the Sessions

R/CR.A/1190/2020 IA ORDER

Court, the present application deserves to be allowed. Hence, the present application is allowed and the sentence imposed on the applicant is suspended during the pendency of the Criminal Appeal No. 1190 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, Anand.

(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;

(e) he shall furnish an affidavit furnishing his full, correct and 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;

(f) he shall not leave the limits of Gujarat State without prior permission of this Court;

(g) he shall mark his presence in first week of every month before the concerned Anand Town police station. In case of any two default consecutively, the PI of the concerned Police Station shall report to the Sessions Court, Anand.

R/CR.A/1190/2020 IA ORDER

4. 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 Anand Town Police Station, and the concerned Sessions Court, Anand.

(BELA M. TRIVEDI, J) SINDHU NAIR