Thakor Vijayji Rupsangji vs State Of Gujarat
2021 Latest Caselaw 9590 Guj

     R/CR.A/578/2021                                IA ORDER DATED: 27/07/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          CRIMINAL MISC.APPLICATION
                        (FOR SUSPENSION OF SENTENCE)
                                 NO. 1 of 2021
                                       In
                       R/CRIMINAL APPEAL NO. 578 of 2021

==========================================================

THAKOR VIJAYJI RUPSANGJI Versus STATE OF GUJARAT ========================================================== Appearance:

MR YOGENDRA THAKORE, ADVOCATE for the APPLICANT MR HARDIK SONI, APP for the RESPONDENTS ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 27/07/2021

IA ORDER

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

2. The applicant is convicted by the Special Judge, (POCSO) and Additional Sessions Judge, Mehsana vide judgment dated 30.03.2021 in Special POCSO Case No.35 of 2016. The conviction is principally under Section 376 of the Indian Penal Code read with 506(2) of the IPC and Sections 6 and 8 of the POCSO Act. Different sentences are awarded for different sections, however, the maximum sentence awarded is rigorous imprisonment for ten 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

R/CR.A/578/2021 IA ORDER DATED: 27/07/2021

serving the sentence.

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. While recording this, this Court inter alia taken into consideration the evidence with regard to the financial dispute between the appellant and father of the victim and also the timing of complaints by both sides against each other. 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. On this count, the orders passed by this Court on :-

(i) Criminal Appeal No.1462 of 2008 dated 15.07.2021;

(ii) Criminal Appeal No.445 of 2014 dated 26.07.2021;

(iii) Criminal Appeal No.164 of 2017 dated 15.07.2021 and

(iv) Criminal Appeal No.889 of 2017 dated 15.07.2021 are also kept in view.

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





       R/CR.A/578/2021                        IA ORDER DATED: 27/07/2021

by the Special Judge, (POCSO) and Additional Sessions Judge, Mehsana vide judgment dated 30.03.2021 in Special POCSO Case No.35 of 2016.

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.5,000/- (Rupees fine 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/71