Gujarat High Court
Bhima Ramabhai Odedara vs State Of Gujarat on 7 July, 2021
Bench: Ilesh J. Vora
R/CR.RA/454/2021 ORDER DATED: 07/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 454 of 2021
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BHIMA RAMABHAI ODEDARA
Versus
STATE OF GUJARAT
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Appearance:
MR DIPESH D SONI(9996) for the Applicant(s) No. 1
MRS.KRINA CALLA APP(2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 07/07/2021
ORAL ORDER
1. Notice returnable on 03.08.2021. Learned APP waives service
of notice for and on behalf of the respondent-State.
2. By way of prayer-7(c) of this application, the applicant-
original accused is seeking suspension of sentence imposed vide
judgment and order dated 25.02.2020 passed by learned 2 nd
Additional District Judge, Porbandar passed in Criminal Appeal No.
34 of 2019 confirming the conviction vide order dated 19.04.2019
passed by the learned Judicial Magistrate, First Class, Kutiyana,
Porbandar in Criminal Case No.83 of 2017 and to release him on
bail during the pendency of the aforementioned Criminal Revision
Application.
3. Mr. Dipesh Soni, learned advocate for the applicant submitted
that the learned Magistrate has convicted the applicant under
Section 66(1)(b) of the Gujarat Prohibition Act and sentenced him to
suffer simple imprisonment for 8 months and to pay fine of
Rs.1,000/-, in default, further simple imprisonment for 7 days.
R/CR.RA/454/2021 ORDER DATED: 07/07/2021
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. Having heard learned advocates appearing for the respective
parties and having gone through the materials available on record
as well as perused the impugned judgment, without entering into
the merits of this case, this Court is of the considered opinion that
present application requires consideration and prayer in terms of
bail is allowed. The sentence imposed by the judgment and order
dated 19.04.2019 passed by the learned Judicial Magistrate, First
Class, Kutiyana, Porbandar in Criminal Case No.83 of 2017, is
hereby suspended pending hearing and final disposal of the
Criminal Revision Application. 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 he shall proceed with the Criminal Appeal
as and when it may be listed, and he shall surrender his passport,
if having, before the learned trial Court and shall not leave India
without prior permission of this Court.
Direct service is permitted through e-mode.
(ILESH J. VORA,J)
Manoj
