Jaydeep @ Bhailu Gopalbhai Parmar vs State Of Gujarat
2021 Latest Caselaw 9776 Guj

     R/CR.A/779/2021                                IA ORDER DATED: 28/07/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                         CRIMINAL MISC.APPLICATION
                       (FOR SUSPENSION OF SENTENCE)
                                 NO. 1 of 2021
                                        In
                       R/CRIMINAL APPEAL NO. 779 of 2021
==========================================================

JAYDEEP @ BHAILU GOPALBHAI PARMAR Versus STATE OF GUJARAT ========================================================== Appearance:

MR RAJESH K KANANI, ADVOCATE for the APPLICANT MR HARDIK SONI, APP for the Respondent State ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 28/07/2021

IA ORDER

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

2. The applicant is convicted by the 2 nd Addtional Sessions Judge and Special Judge (POCSO), Kheda at Nadiad vide judgment dated 01.04.2021 in Special (POCSO) Case No.19 of 2020. The conviction is principally under Sections 11 and 12 of the Protection of Children from Sexual Offences Act and Section 354 (d)(1)(1) of the Indian Penal Code. Different sentences are awarded for different sections, however, the maximum sentence awarded is rigorous imprisonment for two years. Fine is also imposed and in default thereof, simple imprisonment is imposed.

R/CR.A/779/2021 IA ORDER DATED: 28/07/2021

3. The appeal is admitted by this Court.

4. Rule was issued earlier.

5. Heard learned advocate for the appellant / applicant and learned Additional Public Prosecutor for the State.

6. It is indicated that the Sessions Court has already suspended the sentence and at present, the applicant is not in jail.

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 2nd Addtional Sessions Judge and Special Judge

(POCSO), Kheda at Nadiad vide judgment dated 01.04.2021 in Special POCSO Case No.19 of 2020, 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.

R/CR.A/779/2021 IA ORDER DATED: 28/07/2021

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

Direct service is permitted.

(PARESH UPADHYAY, J) MOBHATI/PS/85