Rajubhai Bhailalbhai Parmar vs State Of Gujarat
2021 Latest Caselaw 9779 Guj

     R/CR.A/731/2021                                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. 731 of 2021
==========================================================

RAJUBHAI BHAILALBHAI PARMAR Versus STATE OF GUJARAT ========================================================== Appearance:

MR YASH K DAVE, ADVOCATE for MR VISHAL K ANANDJIWALA, 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 Special Judge (POCSO) and 2nd Additional Sessions Judge, Anand vide judgment dated 24.02.2021 in Special POCSO Case No.93 of 2014. The conviction is principally under Section 5 and 6 of the Protection of Children from Sexual Offences Act and Sections 366 and 363 of the Indian Penal Code. Different sentences are awarded for different sections, however, the maximum sentence awarded is rigorous imprisonment for ten years. Fine is also imposed and in default thereof, simple imprisonment is imposed.

3. The appeal is admitted by this Court.

4. Rule. Learned Additional Public Prosecutor waives service

R/CR.A/731/2021 IA ORDER DATED: 28/07/2021

of notice of rule on behalf of the State.

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. While recording this, this Court inter alia taken into consideration the evidence of the victim herself, which tilts balance in favour of the applicant. 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. On this count, the orders passed by this Court on :-

(i) Criminal Appeal No.1462 of 2008 dated 15.07.2021;

(ii) Criminal Appeal No.445 of 2014 dated 26.07.2021;

(iii) Criminal Appeal No.164 & 166 of 2017 dated 15.07.2021 and

(iv) Criminal Appeal No.889 of 2017 dated 15.07.2021 are also kept in view.

8. In view of above, the following order is passed.

8.1     This application is allowed.





       R/CR.A/731/2021                        IA ORDER DATED: 28/07/2021




8.2     It is ordered that the sentence imposed on the applicant

by the the Special Judge (POCSO) and 2nd Additional Sessions Judge, Anand vide judgment dated 24.02.2021 in Special POCSO Case No.93 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).

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/81