Sanjaybhai @ Lavri Premjibhai ... vs State Of Gujarat
2021 Latest Caselaw 7746 Guj

     R/CR.A/733/2021                                      IA ORDER DATED: 05/07/2021



              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          CRIMINAL MISC.APPLICATION
                        (FOR SUSPENSION OF SENTENCE)
                                 NO. 1 of 2021
                                       In
                       R/CRIMINAL APPEAL NO. 733 of 2021
==========================================================

SANJAYBHAI @ LAVRI PREMJIBHAI DABHI Versus STATE OF GUJARAT ========================================================== Appearance:

HCLS COMMITTEE for the PETITIONER(s) No. MR NILESH I JANI 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 Special Judge (POCSO) and 3rd Additional District and Sessions Judge, Bhavnagar, vide judgment dated 24.02.2021 in Special POCSO Case No.56 of 2017. The conviction is principally under Section 323 of the Indian Penal Code along with Section 12 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 three 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 Sessions Court has already

R/CR.A/733/2021 IA ORDER DATED: 05/07/2021

suspended the sentence and at present, the applicant is not in jail.

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 period of sentence awarded, this Court finds that, ends of justice would meet if the sentence is suspended during pendency of the appeal.

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 Special Judge (POCSO) and 3rd Additional District and Sessions Judge, Bhavnagar, vide judgment dated 24.02.2021 in Special POCSO Case No.56 of 2017, shall remain suspended during pendency of the appeal.

8.3 Since the applicant is already indicated to be on bail at present, he shall furnish fresh bail bond.

8.4 Rule is made absolute in above terms.

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

(PARESH UPADHYAY, J) MOBHATI/PS/94