Kuberbhai Parmabhai Patel vs State Of Gujarat
2021 Latest Caselaw 9593 Guj

     R/CR.A/414/2021                                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. 414 of 2021
==========================================================

KUBERBHAI PARMABHAI PATEL Versus STATE OF GUJARAT ========================================================== Appearance:

MR P P MAJMUDAR, ADVOCATE for the APPLICANT MR HARDIK SONI, APP for the Respondent State ==========================================================

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 Sessions Judge, Lunawada vide judgment dated 10.03.2021 in Sessions Case No.13 of 2018. The conviction is principally under Sections 143, 147, 148, 332, 323, 333 and 307 of the Indian Penal Code read with 149. Different sentences are awarded for different sections, however, the maximum sentence awarded is rigorous imprisonment for three 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/414/2021 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, this Court finds that, ends of justice would meet if the sentence is suspended during pendency of the appeal.

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, Lunawada vide judgment dated
10.03.2021 in           Sessions Case No.13 of 2018, shall remain

suspended during pendency of the appeal.

8.3 Since the applicant is already indicated to be on bail at present, he shall furnish fresh bail bond.

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) MOBHATI/PS/65