Balvantbhai Bhailalbhai Patel vs State Of Gujarat
2021 Latest Caselaw 9778 Guj

     R/CR.A/732/2021                                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. 732 of 2021
==========================================================

BALVANTBHAI BHAILALBHAI PATEL Versus STATE OF GUJARAT ========================================================== Appearance:

HL PATEL ADVOCATES for the PETITIONER(s) No. 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 Special Judge (POCSO) and 2nd Additional Sessions Judge, Anand vide judgment dated 28.01.2021 in Special POCSO Case No.87 of 2014. The conviction is principally under Section 6 of the Protection of Children from the Sexual Offenses Act and Sections 363 and 366 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. Rule was issued earlier.

R/CR.A/732/2021 IA ORDER DATED: 28/07/2021

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

6. It is indicated that the applicant at present is in jail and is serving the sentence.

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) and 2 nd Additional Sessions
Judge, Anand vide judgment dated 28.01.2021 in                        Special

POCSO Case No.87 of 2014, 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/- (Rupees Five Thousand Only) with one surety of the like amount.

8.4 Rule is made absolute in above terms.

R/CR.A/732/2021 IA ORDER DATED: 28/07/2021

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

Direct service is permitted.

(PARESH UPADHYAY, J) SHRIJIT PILLAI/82