Gujarat High Court
Ganesh S/O Mansing Navalsing ... vs State Of Gujarat on 28 July, 2021
Bench: Paresh Upadhyay
R/CR.A/705/2021 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. 705 of 2021
==========================================================
GANESH S/O MANSING NAVALSING KANSARA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
ADITYA D DAVDA for the PETITIONER(s) No.
JAIVIK UDAY BHATT for the PETITIONER(s) No.
MR HARDIK SONI, APP for the RESPONDENT(s) No.
==========================================================
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 and
Additional District & Sessions Judge, Jamnagar vide judgment
dated 25.03.2021 in Special POCSO Case No. 20 of 2018. The
conviction is principally under Sections 6 & 4 of the POCSO Act,
2012 and Sections 366 & 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 was issued earlier.
R/CR.A/705/2021 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.
It is further indicated that as against the sentence of 10
years, by this time, the applicant has already served the
sentence of about 3 years and 2 months.
7. Having heard learned advocates for the respective
parties and having considered the material on record, including
the period of sentence awarded vis-a-vis the period already
spent in jail by this time, 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 Exh. 33 and that of the doctor Exh. 11, which
further tilts the 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.
R/CR.A/705/2021 IA ORDER DATED: 28/07/2021
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 and Additional District & Sessions Judge,
Jamnagar vide judgment dated 25.03.2021 in Special POCSO
Case No. 20 of 2018, 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)
SALIM/80
