Rakesh Ashok Pawar vs State Of Gujarat
2021 Latest Caselaw 5636 Guj

     R/CR.A/1174/2020                                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. 1174 of 2020

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RAKESH ASHOK PAWAR Versus STATE OF GUJARAT ========================================================== Appearance:

MR KISHAN H DAIYA 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 Additional Sessions Judge and Special POCSO Judge, Surat, vide judgment dated 31.07.2019 in Special (POCSO) Case No.167 of 2015. The conviction is under Sections 363, 366 and 376 of the Indian Penal Code and Sections 5(L) and 6 of the Protection of Children from Sexual Offences Act. By the said judgment, the applicant is ordered to undergo rigours imprisonment for a period of ten 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 18.01.2021.

R/CR.A/1174/2020 IA ORDER DATED: 08/06/2021

4. Rule. Learned Additional Public Prosecutor waives service 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. Having heard learned advocates for the respective parties and having considered the totality, including the period for which the applicant has remained in jail by this time, this Court finds that, ends of justice would meet if the sentence is suspended during pendency of the appeal.

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

7.1      This application is allowed.

7.2      It is ordered that the sentence imposed on the applicant

by the Additional Sessions Judge and Special POCSO Judge, Surat, vide judgment dated 31.07.2019 in Special (POCSO) Case No.167 of 2015 shall remain suspended during pendency of the appeal.

7.3 The applicant shall be released on bail on executing personal bond of Rs.10,000/- (Rupees Ten Thousand only) before the trial Court.

7.4 Rule is made absolute in above terms. Registry to communicate this order to the concerned Court/ authority by Fax or Email forthwith.

(PARESH UPADHYAY, J) M.H. DAVE/101