Gujarat High Court
Vijay @ Babar Madhavbhai Rathod vs State Of Gujarat on 31 July, 2021
Bench: Paresh Upadhyay
R/CR.A/410/2020 ORDER DATED: 31/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 410 of 2020
With
CRIMINAL MISC.APPLICATION
(TEMPORARY BAIL) NO. 2 of 2021
In
R/CRIMINAL APPEAL NO. 410 of 2020
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VIJAY @ BABAR MADHAVBHAI RATHOD
Versus
STATE OF GUJARAT
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Appearance :
MR NILESH I JANI, ADVOCATE for the Appellant - Applicant
(Through Gujarat High Court Legal Services Committee)
MR HARDIK SONI, APP for the Respondent - State
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CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY
Date : 31/07/2021
ORAL ORDER
1. Challenge in the appeal is made to the judgment and
order passed by the Special Judge (POCSO), Bharuch dated
03.10.2018 in Special POCSO Case No.12 of 2016. There were
two accused - husband and wife. Both were convicted for the
offence punishable under Sections 363, 366 and 376 of the
Indian Penal Code read with Section 114 thereof. They were
also tried and convicted for the offence punishable under
Sections 4 and 6 of the POCSO Act. Different sentences were
awarded for different sections, however the maximum
sentence imposed is rigorous imprisonment for ten years. Fine
is also imposed and in default thereof, simple imprisonment is
also imposed.
R/CR.A/410/2020 ORDER DATED: 31/07/2021
2. This appeal is by one of the two convicts - the husband.
3. So far the appeal by wife is concerned, Criminal Appeal
No.2063 of 2019 was admitted and sentence was suspended
by this Court vide order dated 04.12.2019 recorded on
Criminal Misc. Application No.01 of 2019 in the said appeal.
4. This appeal was admitted by this Court vide order dated
02.11.2020.
5. While admitting this appeal, this Court had, on
02.11.2020, passed the order (recorded on Criminal Misc.
Application No.1 of 2020 in Criminal Appeal no.410 of 2020)
suspending the sentence on certain conditions. The matter
should rest there. However an application for temporary bail
was given by the applicant on 16.05.2021, which was
forwarded by the Jail Authorities to this Court along with the jail
remarks and therefrom it is noticed that, as against the
sentence of ten years, about five years sentence is already
served by the applicant by this time and further that, though
the sentence was already suspended by this Court as noted
above vide order dated 02.11.2020, for some reason, the
applicant has still not been able to come out of jail. It is
possible that, the condition(s) of executing personal bond of
Rs.10,000/- with one surety of the like amount might have
come in his way. Be that as it may. Net result is that, even
after this Court has suspended the sentence, the applicant has
not been able to come out from the jail.
6. Heard Mr. Jani, learned advocate for the appellant and
Mr. Soni, learned APP for the State.
R/CR.A/410/2020 ORDER DATED: 31/07/2021
7. Having heard learned advocates for the respective
parties and having considered the material on record and the
circumstances noted above, this Court finds that ends of
justice would meet if the following order is passed.
8. In view of above the following order is passed.
8.1 It is ordered that, the sentence imposed on the applicant
by the judgment and order passed by the Special Judge
(POCSO), Bharuch dated 03.10.2018 in Special POCSO Case
No.12 of 2016 shall stand suspended, during pendency of the
appeal.
8.2 The applicant shall be released on bail on his furnishing
personal bond of Rs.500/- (Rupees Five Hundred only).
8.3 The order dated 02.11.2020 recorded on Criminal Misc.
Application No.01 of 2020 in Criminal Appeal No.410 of 2020 is
modified to the above extent.
8.4 Registry is directed to send the copy of this order to the
concerned Jail Authorities, which at present is indicated to be
the Central Jail, Vadodara.
9. In view of above, application for temporary bail would not
survive and is disposed of.
Direct service is permitted.
(PARESH UPADHYAY, J)
M.H. DAVE/39
