Surpalsinh Babusinh Rathod vs State Of Gujarat
2021 Latest Caselaw 5635 Guj

      R/CR.A/609/2021                             IA ORDER DATED: 08/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


     CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE)
                           NO. 1 of 2021
                                 In
                 R/CRIMINAL APPEAL NO. 609 of 2021

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SURPALSINH BABUSINH RATHOD Versus STATE OF GUJARAT ========================================================== Appearance:

MR HARDIK A DAVE for the APPLICANT MR HARDIK SONI, APP for the RESPONDENT ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 08/06/2021

IA ORDER

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

2. The applicant is convicted by the Sessions Judge, Mahisagar at Lunavada, vide judgment dated 06.04.2021 in Sessions Case No.57 of 2019. The conviction is under Sections 332 and 323 of the Indian Penal Code. By the said judgment, the applicant is ordered to undergo simple imprisonment for a period of two years. Fine is also imposed and in default thereof, simple imprisonment is also imposed.

3. The appeal is admitted by this Court vide order dated 24.05.2021.

4. It is indicated that the Sessions Court has already, in exercise of powers under Section 389 of Cr.P.C., suspended the sentence for limited period and the applicant is on bail.

R/CR.A/609/2021 IA ORDER DATED: 08/06/2021

5. Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the State.

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

7. Having heard learned advocates for the respective parties and having considered the totality, 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 Sessions Judge, Mahisagar at Lunavada, vide judgment dated 06.04.2021 in Sessions Case No.57 of 2019, which is suspended by the concerned Sessions Court for a limited period, shall remain suspended during pendency of the appeal, on the same conditions as imposed by the Trial Court, but fresh bonds shall be submitted by the applicant.

8.3 Rule is made absolute in above terms.

(PARESH UPADHYAY, J) M.H. DAVE/103