Ashvinbhai Vinubhai ... vs State Of Gujarat
2021 Latest Caselaw 7873 Guj

     R/CR.A/393/2021                                      IA ORDER DATED: 06/07/2021



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          CRIMINAL MISC.APPLICATION
                        (FOR SUSPENSION OF SENTENCE)
                                 NO. 1 of 2021
                                       In
                       R/CRIMINAL APPEAL NO. 393 of 2021
==========================================================

ASHVINBHAI VINUBHAI SARVAIYA/KOLI Versus STATE OF GUJARAT ========================================================== Appearance:

MR S M SOJATWALA for the PETITIONER MR HARDIK SONI, APP for the RESPONDENT STATE ========================================================== CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 06/07/2021

IA ORDER

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

2. The applicant is convicted by the Sessions Judge, Bhavnagar vide judgment dated 19.01.2020 in Sessions Case No.34 of 2017. The conviction is principally under Sections 326 and 323 read with Section 114 of the Indian Penal Code. Different sentences are awarded for different sections, however, the maximum sentence awarded is rigorous imprisonment for 5 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.

5. Rule was issued earlier.

R/CR.A/393/2021 IA ORDER DATED: 06/07/2021

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. 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 the Sessions Judge, Bhavnagar vide judgment dated 19.01.2020 in Sessions Case No.34 of 2017, 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 Only).

8.4 Rule is made absolute in above terms.

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

Direct service is permitted.

(PARESH UPADHYAY, J) M.H. DAVE/75