Prakashbhai Dasharathbhai ... vs State Of Gujarat
2021 Latest Caselaw 9594 Guj

     R/CR.A/409/2021                            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. 409 of 2021
==========================================================

PRAKASHBHAI DASHARATHBHAI THAKOR

Versus

STATE OF GUJARAT

========================================================== Appearance:

MR NIRAV K PADHIYAR 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 Special Judge (POCSO), Deesa, District : Banaskantha vide judgment dated 06.02.2021 in Special POCSO Case No. 70 of 2016. The conviction is principally under Section 4 of POCSO Act, 2012. The maximum sentence awarded is rigorous imprisonment for 7 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/409/2021 IA ORDER DATED: 27/07/2021

5. Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the State.

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. 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 Special Judge (POCSO), Deesa, District : Banaskantha vide judgment dated 06.02.2021 in Special POCSO Case No. 70 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/- and one surety of like amount.

8.4 Rule is made absolute in above terms.

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

R/CR.A/409/2021 IA ORDER DATED: 27/07/2021

Direct service is permitted.

(PARESH UPADHYAY, J) SALIM/64