Gujarat High Court
Bhurabhai Ragnathbhai Rajput vs State Of Gujarat on 31 July, 2021
Bench: Paresh Upadhyay
R/CR.A/330/2021 IA ORDER DATED: 31/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION
(FOR SUSPENSION OF SENTENCE) NO. 1 of 2021
In
R/CRIMINAL APPEAL NO. 330 of 2021
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BHURABHAI RAGNATHBHAI RAJPUT
AND
JODHABHAI RAGNATHBHAI RAJPUT
Versus
STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI, ADVOCATE for the APPLICANTS
MR HARDIK SONI, APP for the Respondent State
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CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY
Date : 31/07/2021
IA ORDER
1. This is an application for suspension of sentence pending
appeal.
2. The applicants are convicted by the Additional Sessions
Judge, Banaskantha at Tharad vide judgment dated 05.02.2021
in Sessions Case No.20 of 2018. The conviction is principally
under Section 307 of the Indian Penal Code read with Section
34 of the IPC. The sentence awarded is rigorous imprisonment
for seven years. Fine is also imposed and in default thereof,
simple imprisonment is imposed.
3.1 This application is filed for three applicants viz. (i)
Bhurabhai Ragnathbhai Rajput, (ii) Jodhabhai Ragnathbhai
R/CR.A/330/2021 IA ORDER DATED: 31/07/2021
Rajput and (iii) Ranabhai Manjibhai Rajput. Out of three
applicants, this application is restricted to two convicts :-
(i) Bhurabhai Ragnathbhai Rajput and
(ii) Jodhabhai Ragnathbhai Rajput.
This application is not pressed qua Ranabhai Manjibhai
Rajput reserving liberty to file separate application. It is
clarified that not considering the case of Ranabhai Manjibhai
Rajput on this application would not mean its rejection on
merits and disposal of this application qua him shall not come
in his way in the fresh application.
3.2 Mr.Dagli, learned advocate for the applicant states that
the application qua Ranabhai Manjibhai Rajput will be filed in
the next week.
4. Rule. Learned Additional Public Prosecutor waives service
of notice of rule on behalf of the State.
5. The appeal is already admitted by this Court.
6. It is indicated that the applicants at present are serving
the sentence at Ahmedabad Central Jail.
7. Heard learned advocate for the applicants, learned
advocate for the complainant and learned Additional Public
Prosecutor for the State.
8. Mr.Kishore Prajapati, learned advocate for the
complainant and learned APP have vehemently opposed this
application.
R/CR.A/330/2021 IA ORDER DATED: 31/07/2021
9. Having heard learned advocates for the respective
parties and having considered the material on record, including
the period of sentence awarded and the role attributed to
these two applicants vis-a-vis other convicts, this Court finds
that, ends of justice would meet if the sentence is suspended
during pendency of the appeal. Further, because of pendency
of old appeals, the chances of this appeal being heard in near
future being less, is also a factor which has weighed with this
Court.
10. In view of above, the following order is passed.
10.1 This application is allowed qua (i) Bhurabhai Ragnathbhai
Rajput and (ii) Jodhabhai Ragnathbhai Rajput.
10.2 This application is disposed of qua Ranabhai Manjibhai
Rajput, reserving liberty and clarification noted above.
10.3 It is ordered that the sentence imposed on the applicants
(i) Bhurabhai Ragnathbhai Rajput and (ii) Jodhabhai
Ragnathbhai Rajput, by the Additional Sessions Judge,
Banaskantha at Tharad vide judgment dated 05.02.2021 in
Sessions Case No.20 of 2018, shall remain suspended during
pendency of the appeal.
10.4 The applicants (i) Bhurabhai Ragnathbhai Rajput and (ii)
Jodhabhai Ragnathbhai Rajput, are ordered to be released on
bail on their furnishing personal bond of Rs. 5,000/- (Rupees
Five Thousand Only), and one surety of like amount, each.
R/CR.A/330/2021 IA ORDER DATED: 31/07/2021
10.5 Rule is made absolute in above terms.
11. Registry shall communicate this order to the concerned
Authority / Court.
Direct service is permitted.
(PARESH UPADHYAY, J)
MOBHATI/PS/41
