Rahimbhai Babubhai Baloch vs State Of Gujarat
2021 Latest Caselaw 7575 Guj

     R/CR.A/1597/2018                                 IA ORDER DATED: 02/07/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                             CRIMINAL MISC.APPLICATION
                           (FOR SUSPENSION OF SENTENCE)
                                    NO. 2 of 2020
                        In R/CRIMINAL APPEAL NO. 1597 of 2018
==========================================================

RAHIMBHAI BABUBHAI BALOCH Versus STATE OF GUJARAT ========================================================== Appearance:

ASHWINI K MEHTA, ADVOCATE for the APPLICANT MR HARDIK SONI, APP for the Respondent State ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 02/07/2021

IA ORDER

1. This is an application for suspension of sentence pending appeal.

2. The applicant is convicted by the 2 nd Additional Sessions Judge, Rajula, District : Amreli vide judgment dated 12.09.2018 in Sessions Case No.6 of 2015. The conviction is principally under Sections 376 and 366 of the Indian Penal Code. Different sentences are awarded for different sections, however, the maximum sentence awarded is rigorous imprisonment for seven years. Fine is also imposed and in default thereof, simple imprisonment is imposed.

3. The appeal is admitted by this Court.

4. It is indicated that the applicant at present is in jail and is serving the sentence. Further, the applicant is stated to have undergone the sentence of about three years and six months

R/CR.A/1597/2018 IA ORDER DATED: 02/07/2021

by this time.

5. Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the State.

6. Heard learned advocate for the appellant / applicant and learned Additional Public Prosecutor for the State.

7. Having heard learned advocates for the respective parties and having considered the material on record, including the period of sentence awarded vis-a-vis the period already spent in jail by this time, 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.

8. In view of above, the following order is passed.

8.1      This application is allowed.

8.2      It is ordered that the sentence imposed on the applicant

by the 2nd Additional Sessions Judge, Rajula, District : Amreli vide judgment dated 12.09.2018 in Sessions Case No.6 of 2015 shall remain suspended during pendency of the appeal.

8.3 The applicant is ordered to be released on bail on furnishing personal bond of Rs.10,000/- (Rupees Ten Thousand).

8.4 Rule is made absolute in above terms.

R/CR.A/1597/2018 IA ORDER DATED: 02/07/2021

9. Registry shall communicate this order to the concerned Authority / Court.

Direct service is permitted.

(PARESH UPADHYAY, J) MOBHATI/PS/04