Sanjay Bhikhubhai Mehta vs State Of Gujarat
2021 Latest Caselaw 9592 Guj

     R/CR.A/429/2021                           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. 429 of 2021
==========================================================

SANJAY BHIKHUBHAI MEHTA Versus STATE OF GUJARAT ========================================================== Appearance:

HCLS COMMITTEE for the PETITIONER(s) No. MR. RADHESH Y VYAS for the PETITIONER(s) No. MR HARDIK SONI, APP for the RESPONDENT(s) No. ==========================================================

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 4th Additional Sessions Judge, Junagadh vide judgment dated 01.01.2020 in Sessions Case No. 125 of 2016. The conviction is principally under Section 304 (2) of the Indian Penal Code. Different sentences are awarded for different sections, however, the maximum sentence awarded is rigorous imprisonment for 10 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.

R/CR.A/429/2021 IA ORDER DATED: 27/07/2021

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 vis-a-vis the period already spent in jail by this time, 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. 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

by the 4th Additional Sessions Judge, Junagadh vide judgment dated 01.01.2020 in Sessions Case No. 125 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/-.

R/CR.A/429/2021 IA ORDER DATED: 27/07/2021

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) SALIM/66