Gujarat High Court
Niruben Dakshatbhai Parmar vs The State Of Gujarat on 5 July, 2021
Bench: Ilesh J. Vora
R/CR.RA/445/2021 ORDER DATED: 05/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 445 of 2021
With
CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021
In R/CRIMINAL REVISION APPLICATION NO. 445 of 2021
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NIRUBEN DAKSHATBHAI PARMAR
Versus
THE STATE OF GUJARAT
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Appearance:
VASIMRAJA A KURESHI(8609) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MRS.KRINA CALLA APP(2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 05/07/2021
ORAL ORDER
ORDER IN R/CRIMINAL REVISION APPLICATION NO. 445 of 2021
Notice returnable on 09.08.2021. Learned APP waives service
of notice for and on behalf of respondent - State.
Respondent No.2 is directed to be served through concerned
police station.
ORDER IN CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of
[1] Rule. Learned APP waives service of notice of rule for
and on behalf of respondent - State.
[2] By way of prayer-8(B) of this application, the applicant-
original accused is seeking suspension of sentence imposed vide
judgment and order dated 09.04.2021 passed by learned Sessions
R/CR.RA/445/2021 ORDER DATED: 05/07/2021
Judge, Vadodara passed in Criminal Appeal No.09 of 2019
confirming the conviction vide order dated 10.01.2019 passed by
the learned 17th Additional Chief Judicial Magistrate, Vadodara in
Criminal Case No.34477 of 2016 and to release her on bail during
the pendency of the aforementioned Criminal Revision Application.
[3] Mr.Kureshi, learned advocate for the applicant has
submitted that the learned Magistrate has convicted the applicant
under Section 138 of the Negotiable Instruments Act, 1881 and
sentenced her to suffer simple imprisonment for two years and also
directed to pay fine of Rs.2,50,000/-, in default, further simple
imprisonment for 30 days, and also directed to pay compensation as
cheque amount of Rs.2,40,000/- to the complainant. He further
submitted that during the proceedings of the case, the applicant had
deposited Rs.48,000/-. Learned advocate for the applicant upon
instructions submitted that the applicant is ready and willing to
deposit Rs.50,000/- before the learned trial Court within a period of
two months.
[4] Mrs.Krina Calla, learned APP for the respondent - State
strongly opposed for grant of suspension of sentence.
[5] Heard learned advocate for the applicant and learned
APP for the respondent-State.
[6] Heard learned advocates appearing for the respective
parties and perused the case papers. Considering the issues raised in
the present revision application and statement made by the learned
counsel for the applicant, without entering into the merits of this
case, this Court is of the considered opinion that present application
R/CR.RA/445/2021 ORDER DATED: 05/07/2021
requires consideration and prayer in terms of bail is allowed. The
sentence imposed by the impugned judgment and order dated
10.01.2019 passed by the learned 17th Additional Chief Judicial
Magistrate, Vadodara in Criminal Case No.34477 of 2016, is hereby
suspended pending hearing and final disposal of the Criminal
Revision Application subject to deposition of Rs.50,000/- before the
trial Court within a period of two months from her actual release.
The applicant shall be released on bail by executing fresh bond of
Rs.10,000/- (Rupees Ten Thousand Only) and one surety of like
amount to the satisfaction of trial Court on condition that she shall
proceed with the Criminal Revision Application, as and when, it
may be listed, and she shall surrender her passport, if having,
before the learned trial Court and shall not leave India without
prior permission of this Court. Rule is made absolute to the
aforesaid extent. Direct service is permitted through e-mode.
(ILESH J. VORA,J)
Manoj
