Hirabhai Devabhai Rabari vs State Of Gujarat
2021 Latest Caselaw 9598 Guj

     R/CR.A/277/2021                                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. 277 of 2021
==========================================================

HIRABHAI DEVABHAI RABARI,

RAMJIBHAI DEVABHAI RABARI

AND

GANESHBHAI DEVABHAI RABARI

Versus

STATE OF GUJARAT ========================================================== Appearance:

MR TUSHAR CHAUDHARY, ADVOCATE for the APPLICANTS 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 applicants are convicted by the Additional Sessions Judge, Banaskantha at Tharad vide judgment dated 05.02.2021 in Sessions Case No.11 of 2018. The conviction is principally under Section 324 of the Indian Penal Code read with Section

114. The sentence awarded is rigorous imprisonment for three years. Fine is also imposed and in default thereof, simple imprisonment is imposed.

R/CR.A/277/2021 IA ORDER DATED: 27/07/2021

3. The appeal is admitted by this Court.

4. It is indicated that the Sessions Court has already suspended the sentence and at present, the applicants are not in jail.

5. Rule was issued earlier.

6. Heard learned advocate for the appellants / applicants 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 applicants

by the Additional Sessions Judge, Banaskantha at Tharad vide judgment dated 05.02.2021 in Sessions Case No.11 of 2018 shall remain suspended during pendency of the appeal.

8.3 Since the applicants are already indicated to be on bail at present, they shall furnish fresh bail bond.

8.4 Rule is made absolute in above terms.

9. Registry shall communicate this order to the concerned

R/CR.A/277/2021 IA ORDER DATED: 27/07/2021

Authority / Court.

Direct service is permitted.

(PARESH UPADHYAY, J) MOBHATI/PS/60