Pravinbhai @ Paru Vitthalbhai ... vs State Of Gujarat
2021 Latest Caselaw 7745 Guj

     R/CR.A/807/2021                             IA ORDER DATED: 05/07/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


     CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021
                              In
               R/CRIMINAL APPEAL NO. 807 of 2021
==========================================================

PRAVINBHAI @ PARU VITTHALBHAI PIPALIYA Versus STATE OF GUJARAT ========================================================== Appearance:

MR VINOD M GAMARA, ADVOCATE for the PETITIONER(s) No. NILESH J GOSAI for the PETITIONER(s) No. MR HARDIK SONI, APP for the Respondent State ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 05/07/2021

IA ORDER

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

2. The applicant is convicted by the FTSC (POCSO) Judge, Bhavnagar at Mahuva vide judgment dated 31.12.2020 in Special POCSO Case No.11 of 2018. The conviction is principally under Sections 363, 366 and 376(2)(n) of the Indian Penal Code along with Section 4 of the Protection of Children from Sexual Offences Act. Different sentences are awarded for different sections, however, the maximum sentence awarded is rigorous imprisonment for 10 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.

R/CR.A/807/2021 IA ORDER DATED: 05/07/2021

5. Rule was issued earlier.

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 chances of the conviction ultimately being sustained vis-a- vis the case against the applicant and evidence on record in support of it, 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 FTSC (POCSO) Judge, Bhavnagar at Mahuva vide judgment dated 31.12.2020 in Special POCSO Case No.11 of 2018, 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 Thoudand).

8.4 Rule is made absolute in above terms.

R/CR.A/807/2021 IA ORDER DATED: 05/07/2021

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

Direct service is permitted.

(PARESH UPADHYAY, J) MOBHATI/PS/91